Prequalification Document: Engagement of …...PREQUALIFICATION DOCUMENT ENGAGEMENT OF INDEFINITE...

PREQUALIFICATION DOCUMENT

ENGAGEMENT OF INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT SERVICES –

STAFF AUGMENTATION AND/OR DELIVERABLE-BASED SERVICES

December 2019

ASIAN DEVELOPMENT BANK

6 ADB AVENUE, MANDALUYONG CITY, 1550 METRO MANILA, PHILIPPINES Tel. +63 2 8632 4444 Email: [email protected]

This document including data shall not be disclosed outside the prospective Design, Engineering, and Construction Management Service Provider and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to prepare the application.

Asian Development Bank Prequalification Document

IDIQ Contract Services Page 2 of 176

________________________________________________________________________________________________________ Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this “Instruction to Applicants.”

INSTRUCTIONS TO APPLICANTS

PREQUALIFICATION FOR THE ENGAGEMENT OF INDEFINITE DELIVERY INDEFINITE

QUANTITY (IDIQ) CONTRACT SERVICES – STAFF AUGMENTATION AND/OR DELIVERABLE-BASED SERVICES

I. General

1. Scope of Application

1.1 The Asian Development Bank (hereinafter referred to as “ADB”) wishes to receive applications for Prequalification for prospective Project/Construction Management (PCM) Service Providers for the supply of qualified personnel and/or services for various projects such as office expansion, relocations, rehabilitation and infrastructure upgrades at its offices in the Philippines. Two (2) modes of service delivery are to be required: the engagement of IDIQ service provider personnel for (i) Staff Augmentation; and/or (ii) Deliverable-based Services (hereinafter referred to as the “Services”).

1.2 The prequalified PCM Service Provider shall provide ADB with the most reliable and efficient Services with the deployment of skilled personnel, appropriate tools, equipment, transportation, materials and supervision in accordance with the policies, standards and procedures established by ADB. ADB will evaluate the performance of the PCM Service Provider in carrying out the delivery of the Services against the standards set forth in the Statement of Work (SOW) (see Appendix 1).

1.3 The Services are provisioned as the following services: (i) PCM Services – Staff Augmentation; and (ii) PCM Services – Deliverable-based. Note that PCM Service Providers may choose to confirm their prequalification for one or for both Services.

1.4 The Services shall be complete in all respect, and shall include the costs of supplies, materials, labor, tools and equipment, supervision, transportation, and other costs incidental thereto. The Services will be on an “as needed” basis, and Services shall be performed at either ADB Headquarters or field office, and when appropriate from a Bidder’s office location.

1.5 The prequalified PCM Service Provider(s) will be invited to be part of the retainer contract, which will be based on the requirement for IDIQ services-Staff Augmentation and/or Deliverable-based for PCM services, for an approximate period of four (4) years from the commencement date of the Contract, subject to acceptance of the retainer contract’s requirement, and satisfactory performance on an annual basis after the award. Engagement of non-performing PCM Service Provider may be pre-terminated based on the Service Level Agreement assessment and provisions in General Conditions of the Contract on Termination. ADB will require the prequalified PCM Service Provider to provide qualified personnel, products and services necessary to perform the specific tasks/requirements indicated in the SOW (Appendix 1). Please note that ADB does not guarantee a specific project or fixed number of technical personnel to be engaged during the contract period. Please note that for IDIQ mode of requirement, the prequalified PCM Service provider(s) who will be awarded with the retainer contract will still go through competition with other prequalified service providers under the retainer pool for each specific task.




1.6 The Application for prequalification should be completed and submitted to ADB in accordance with the provisions contained in the "Instructions to Applicants" (ITA). It should be noted that ADB plans to offer a retainer contract with a number of “qualified” Service Providers.

2. Qualifications of the PCM Service Provider

2.1 To be qualified for this exercise, the PCM Service Provider must:

i. Have the nationality of eligible country in accordance with Appendix 12: List of ADB Eligible Member Countries. A PCM Service Provider shall be deemed to have the nationality of a country if the PCM Service Provider is a citizen, or is constituted, or incorporated, and operates in conformity with the provisions of the Laws of that country;

ii. Along with its sub-contractors, if any, have not been sanctioned nor be ineligible to enter into transactions with ADB or any other multilateral development bank or institution;

iii. Be in operation for five (5) years in any ADB member country providing project / construction management services and solutions various projects such as but not limited to, office expansions, relocations, rehabilitation, structural retrofits, infrastructure upgrades, and new construction.

iv. Have a management structure composed of regular staff for each of the following functions (or its equivalent, as job titles in the firm may be different: (i) Business Manager (who will be the single point of contact for ADB related matters); (ii) Human Resources Manager; and (iii) Finance Manager.

v. Have a sound financial and credit position i.e. positive net worth.

vi. Along with its sub-contractors, if any, have no pending litigations that represent more than fifty percent (50%) of its net worth.

vii. To provide deliverable-based services, need to have at least one industry-recognized certification such as ISO 9000 / 9001, or GBCI or other equivalent certifications that are relevant to the required services to be provided. To provide staff augmentation services, Service Provider must be able to show have staff who are registered CPBDs or PEs, as well as, PMP, CCM, CPC, GBCI, or equivalent certifications.

viii. For international-based PCM Service Providers: must have ability to work in the Philippines, and the ADB member countries. It is the responsibility of the service provider to obtain the relevant work visas.

ix. Excluding ADB engagement(s), the PCM Service Provider should have proof of other contracts for the provision of PCM services relevant to the requirements of ADB (see Appendix 1 SOW, Attachment 11 – Technical Evaluation). The contract must be with any of the following: (i) top 500 corporation worldwide, in the Philippines, or in other countries (based on a published list by a reputable organization such as Forbes, Fortune, Time, etc.); or (ii) Public Sector organization. The contract has to be ongoing or within the past three (3) years from target contract engagement.

x. Proof of at least one (1) other contract is required for staff augmentation services while proof of at least three (3) other contracts from different firms is required for deliverable-based services. Should the PCM Service Provider wish to provide service for both staff augmentation and deliverable-based services separate documentations for each service must be provided.

xi. Acceptance of (a) the established Range of Rates to be adopted in the implementation of the Retainer Contract, and (b) Conditions of Contract.




xii. Past performance of services at ADB (if applicable) or on ADB funded projects (if applicable) will be taken into consideration as part of the Pre-qualification evaluation.

2.2 ADB’s Anticorruption Policy requires borrowers (including beneficiaries of ADB-financed activity), as well as PCM Service Providers, suppliers, and Contractors under ADB-financed Contracts, to observe the highest standard of ethics during the procurement and execution of such Contracts. In pursuance of this policy, ADB:

i. defines, for the purposes of this provision, the terms set forth below as follows:

a. “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party;

b. “fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

c. “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

d. “collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party;

ii. will reject a proposal for award if it determines that the PCM Service Provider recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract;

iii. will sanction a party or its successor, including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed activities if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an ADB-financed Contract, the sanction of which will include but not be limited to the forfeiture of the performance security, depending on what stage of the project when collusion was discovered; and

iv. will have the right to inspect the accounts and records of the PCM Service Provider relating to the performance of the Contract and to have them audited by auditors appointed by ADB.

2.3 Penalties on Collusion by Bidders

i. If any Bidder is found to have colluded with other Bidders to fix the Financial rates prior to award of Contract, the Applicant shall be disqualified to bid for any future projects of ADB.

ii. If the collusion with other Applicants to fix the Financial rates is discovered after award of Contract, ADB has the right to impose the following penalties on the Successful Applicant:

a. The Contract shall be terminated by ADB immediately; and

b. In addition, the Successful Applicant shall be disqualified to Bid for any future projects of ADB.

2.4 ADB considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party’s performance of official duties or responsibilities, Contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a




prohibited practice under ADB's Anticorruption Policy. In pursuance of ADB's Anticorruption Policy’s requirement that Borrowers (including beneficiaries of Bank-financed activity), as well as PCM Service Providers, suppliers, and Contractors under Bank-financed Contracts, observe the highest standard of ethics. ADB will take appropriate actions, which include not financing of the Contract, if it determines that a conflict of interest has flawed the integrity of any procurement process. Consequently, all PCM Service Providers found to have a conflict of interest shall be disqualified. A PCM Service Provider may be considered to be in a conflict of interest with one or more parties in this prequalification process if, including but not limited to:

i. they have controlling partners in common; or

ii. they receive or have received any direct or indirect subsidy from any of them; or

iii. they have the same legal representative for purposes of this Application; or

iv. they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the application of another PCM Service Provider, or influence the decisions of the ADB regarding this prequalification process; or

v. a PCM Service Provider participates in more than one application in this prequalification process. Participation by a PCM Service Provider in more than one application will result in the disqualification of all applications in which it is involved. However, this does not limit the inclusion of the same PCM Service Provider, not otherwise participating as a PCM Service Provider, in more than one application; or

vi. a PCM Service Provider participates as a consultant in preparing the design or technical specifications of the goods and related services or works that are the subject of an application.

2.5 Prior to engagement, the PCM Service Providers shall register in Supplier Information Management (SIM) System. ADB representative will send the registration link to the PCM Service Providers.

2.6 In relation to SIM System registration, the PCM Service Provider should prepare the following business documents:

i. Copy of the Business Registration Certificate

ii. Complete copy of the Articles of Incorporation and/or Memorandum of Association indicating nature of business and officers of the firm

iii. Complete copy of the audited financial reports for 2015 - 2018, including the notes to the financial statements

2.7 For inquiries on SIM System, please email [email protected].

2.8 The invitation to register in the SIM System does not entail any commitment on the part of ADB, either financial or otherwise. Likewise, the approval of registration in the SIM System is neither a commitment nor an offer or guarantee from ADB to award any contract.

2.9 ADB reserves the right to request details of substantive beneficial ownership of any Applicant. A failure to provide such information may result in the application being rejected.




3. Eligible Goods and Related Services

3.1 All goods and related services to be supplied under the Contract and financed by ADB shall have as their country of origin an eligible country of ADB (Appendix 12, List of ADB Eligible Member Countries).

3.2 For purposes of this Clause, the term “goods” includes commodities, raw material, machinery, equipment and industrial plants, and “related services” include services such as insurance, installation, training, and initial maintenance.

3.3 The term “country of origin” means the country where the goods have been mined, grown, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its imported components.

3.4 The nationality of the firm that produces, assembles, distributes, or sells the goods shall not determine their origin.

4. Procedure

4.1 Each PCM Service Provider shall submit only one application either by itself or as a partner in a joint venture. A PCM Service Provider who submits or participates in more than one prequalification process will be disqualified. PCM Service Providers are expected to submit their applications in its best form.

4.2 The Application to Prequalify is opened in accordance with ITA Section 21.

4.3 The Applications to Prequalify are evaluated by ADB to determine technical compliance of the PCM Service Providers. No amendments or changes to the Applications to Prequalify are permitted.

5. Cost of Application

5.1 The PCM Service Provider shall bear all the costs associated with the preparation

and delivery of its Application, and ADB will in no case be responsible for such

costs.

II. Application Documents

6. Contents of Application Documents

6.1 In addition to the Instructions to PCM Service Providers, the application documents are composed of the following documents, which should be read in conjunction with any addendum issued in accordance with ITA Section 9:

i. Statement of Work (SOW) – Project/Construction Management - Appendix 1 ii. Application to Prequalify Form - Appendix 2 iii. Application to Prequalify Response Template - Appendix 3 iv. Form of Secretary’s Certificate - Appendix 4 v. Prequalification/Bid Securing Declaration Form - Appendix 5 vi. Joint Venture Data Sheet - Appendix 6 vii. Range of Rates - Appendix 7 viii. Letter of Acceptance of Application - Appendix 8 ix. Form of Contract - Appendix 9 x. General Conditions of the Contract (GCC) - Appendix 10 xi. Special Conditions of the Contract (SCC) - Appendix 11 xii. List of ADB Eligible Member Countries - Appendix 12




6.2 The PCM Service Provider is expected to examine carefully the contents of the prequalification documents. Applications which are not substantially responsive to the requirements of the prequalification documents will be rejected.

6.3 The PCM Service Provider shall fully disclose whether any of the PCM Service Provider's personnel [including the owner, the directors, the manager(s) or any of the employees] has been formerly connected with ADB in any capacity as a regular or Contractual staff or as a consultant. Failure to disclose this information may be grounds for disqualifying the PCM Service Provider or for immediate termination of the Contract with the PCM Service Provider.

7. Clarification on Application Documents

7.1 PCM Service Providers requiring any clarification on the prequalification documents may notify ADB in writing by e-mail to Jojo Tiangco [email protected] and Genylen Mabulay [email protected]. ADB will respond to any request for clarification, provided it is received prior to the deadline for submission of clarifications i.e. 9 January 2020 at 5:00PM. Copies of ADB's response will be provided to all PCM Service Providers, including the description of the inquiry.

8. Prequalification Information Session

8.1 A Prequalification Information Session (PIS) will be held on 7 January 2020, 2PM at ADB HQ room 21038NW, ADB Headquarters, 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila to:

i. answer any queries from the PCM Service Providers; and

ii. obtain all information that may be necessary for preparing the Application and entering into a Contract.

8.2 PCM Service Providers are advised to send representatives (maximum of 2), at an appropriate level of seniority to attend the PIS. PCM Service Providers should provide ADB c/o Jojo Tiangco at [email protected] and Genylen Mabulay at [email protected], the names of their representatives at least two (2) working days before the scheduled PIS. Any subsequent claim by the PCM Service Provider to change the substance of the Application due to the PCM Service Provider’s failure to understand these requirements will not be entertained.

9. Amendment to Application Documents

9.1 At any time prior to the deadline for submission of applications, ADB may for any reason modify the prequalification documents by issuing addenda.

9.2 Any addendum issued shall form part of the prequalification documents and shall be communicated in writing to all PCM Service Providers. The transmittal of the addendum to the PCM Service Providers on the email addresses submitted shall relieve ADB of its obligations to notify the PCM Service Providers of the said addendum.

9.3 To afford prospective PCM Service Providers reasonable time to take an addendum into account in preparing their applications, ADB may extend the deadline for submission of applications.

III. Preparation of Applications

10. Composition of Application to Prequalify

10.1 It shall consist of and be structured as follows:




i. Completed and signed Application to Prequalify Form (Appendix 2);

ii. Completed Application to Prequalify Response Template (Appendix 3);

iii. Acceptance of Range of Rates (Appendix 7) and Conditions of Contract [i.e. General and Special] (Appendixes 10 & 11);

iv. Secretary’s Certificate or Written Power of Attorney (Appendix 4); Furnish a notarized authorization letter stating the name and official position held by the person authorized to sign the Application and the formal Contract for the PCM Service Provider. The person authorized to sign the application should also sign the conforme in the certification;

v. Prequalification/Bid Securing Declaration Form (Appendix 5): ADB shall waive the bid security requirement, provided the PCM Service Provider submits and signs the Prequalification/Bid Securing Declaration accepting that, if the PCM Service Provider withdraws or modifies (unless upon the consent and advice of ADB) its Application during the period of validity, or the PCM Service Provider is awarded the Contract, and it fails to sign the Contract, then the PCM Service Provider shall be disqualified from bidding in any or all future Contracts with ADB;

vi. Joint Venture Data Sheet (Appendix 6), as applicable; and

vii. All the documentary proofs as required in Appendix 3 (please use the forms provided as applicable).

10.2 The prequalification documents as herein listed shall be duly completed with all entries typed or printed in ink.

10.3 The completed Prequalification Form shall be without interlineations or erasures except those required to correct errors made by the PCM Service Provider, in which case the erasures and interlineations shall be initialed by the person or persons signing the Application.

10.4 It is incumbent on the PCM Service Provider that when the documents mentioned above are duly completed, they should be submitted simultaneously by the PCM Service Provider in accordance with ITA Sections 17 and 18.

10.5 ADB is not obliged to give any reason for the rejection of any Application.

11. Application Language

11.1 The Application and other documents including any correspondence related to the application shall be in English language.

11.2 The IDIQ Range of Rates shall be used together with other prequalified applicants to establish the daily rates for resources mobilized as staff augmentation on a project or the fixed cost of a project being delivered as a deliverable-service.

11.2 No claim for adjustments in the Contract prices/daily rates based on the Application shall be considered by ADB for any change in foreign exchange rate, for any increase in wage rates, including those on the basis of the minimum wage requirement in a local’s labor law or any other relevant legislation, or for any escalation costs of office materials and supplies.

12. Range of Rates

12.1 The Range of Rates shall consist of and structured as specified in Appendix 7. The Range of Rates as herein listed shall be accepted by the Applicant (Appendix 2).

12.2 The Range of Rates shall include:




i. Billing Rate Table (Appendix 7 Table 1) for Staff Augmentation services PCM;

ii. Schedule of Rates (Appendix 7, Table 2) for Deliverable-based services PCM;

12.3 The Range of Rates for both staff augmentation and deliverable-based services were developed based on a previous prequalification exercise initiated in December 2018 and finalized on June 2019.

13. Range of Rates Currency

13.1 The Range of Rates Currrency is in Philippine Pesos.

14. Range of Rates Price

14.1 Unless otherwise specifically stated in the Contract, the Range of Rates shall be deemed to include, inter alia, (i) labor costs; (ii) use of facilities, tools and equipment; (iii) supplies and materials including wastage; (iv) transportation to ADB work location (HQ or field office); (v) administrative, supervision and overhead expenses; (vi) profit; and (vii) incidental expenses for the provision of the required Works.

14.2 ADB is a VAT-exempt institution. All transactions made directly to ADB are tax and duty exempt under the Articles of Agreement Establishing the Asian Development Bank (Charter) and the Agreement between the Asian Development Bank and the Government of the Republic of the Philippines. Therefore, the Applicant shall calculate its prices for the service items exclusive of all applicable taxes and duties.

14.3 The prices in the Range of Rates shall be rates for full execution of the Services in every respect.

14.4 The price under the terms and conditions specified in the retainer Contract shall be deemed to be firm and fixed. No claim for adjustments in the contract prices based on the prices shall be considered by ADB for any change in foreign exchange rate, for any increase in wage rates, for any escalation costs of office materials and supplies.

15. Validity of Application

15.1 The Application shall remain valid for a period of one hundred twenty (120) calendar days from the specified deadline for the submission of applications.

15.2 Prior to the expiry of the Application validity period, ADB may request the PCM Service Provider for a specified extension in the period of validity. An PCM Service Provider may agree to the request without modifying the original application. The request from ADB and responses by the PCM Service Provider shall be made in writing.

16. Application Signing

16.1 A person or persons duly authorized to bind the PCM Service Provider to the Contract shall sign the application. Proof of authorization shall be furnished in the form of a Written Power-of-Attorney or Secretary’s Certificate which shall accompany the application (Appendix 4). The name and position held by each person signing the authorization and the duly authorized person or persons must be typed or printed below the signature.

16.2 A person or persons (in case of Joint Venture) duly authorized to bind the Applicant to the Contract shall sign the Application. Proof of authorization shall be furnished in the form of a Secretary’s Certificate or Written Power of Attorney which shall




accompany the Bid. The name and position held by each person signing the authorization and the duly authorized person or persons must be typed or printed below the signature.

16.3 ADB shall require the identification of the JV partners and either a copy of the agreement entered into by the JV partners or the commitment to enter into a joint venture agreement [ITA Section 16]. The Contract with ADB must be signed so as to be legally binding on all partners, while only one of the firms in the JV arrangement shall be authorized by other partner(s) to receive payments and instructions for and on behalf of any and/or all partners of the JV.

IV. Application Submission

17. Sealing and Marking of Applications

17.1 For each PCM Service requirement, the Applicant shall prepare one original of the Application to Prequalify clearly marked “ORIGINAL APPLICATION TO PREQUALIFY”. In addition, the Applicant shall submit one duplicate copy and one soft copy (in USB) of the Application to Prequalify and clearly mark them “DUPLICATE COPY-APPLICATION TO PREQUALIFY”; and “SOFT COPY-APPLICATION TO PREQUALIFY”. In the event of discrepancy between the original and the copies, the original shall prevail.

17.2 The Applicant will enclose the original copy, duplicate copy and soft copy of the Application to Prequalify in sealed envelopes, duly marking the envelopes as: (i) “ORIGINAL – APPLICATION TO PREQUALIFY”; (ii) “DUPLICATE COPY-APPLICATION TO PREQUALIFY”; and (iii) “SOFT COPY-APPLICATION TO PREQUALIFY, as appropriate. These envelopes shall then be enclosed in one single envelope.

17.3 Sealing and Marking of Applications – The sealed Application (Application to Prequalify) documents must be submitted by courier or hand carried to ADB.

17.4 The inner and outer envelopes shall:

i. bear the name and address of the Applicant

NAME AND ADDRESS OF APPLICANT:

ii. be addressed and submitted by courier or hand carried to:

Roger Ball Advisor, Office of Administrative Services and Head, Procurement and Contracts Administration Unit Asian Development Bank 2nd Floor, Room 21204a SW 6 ADB Avenue, Mandaluyong City 1550 Metro Manila, Philippines Tel No. +63 2 8632 4444 / 63 2 8632 4452

iii. bear the following identification:




For Project/Construction Management Services:

“Project/Construction Management Services Sealed Prequalification Application for the Engagement of Indefinite Delivery, Indefinite Quantity Contract Services – Staff Augmentation and/or Deliverable-Based Services

17.5 The outer envelopes and the inner envelopes containing the Application shall bear a warning “DO NOT OPEN BEFORE 5:00 P.M. (Manila time) of 17 January 2020”.

17.6 If all envelopes are not sealed and marked as required, ADB will assume no responsibility for the misplacement or premature opening of the Application.

18. Deadline for Submission of Applications

18.1 The sealed Application should reach ADB not later than 5:00 P.M. (Manila time) of 17 January 2020. The Application should be sent by courier mail or hand-delivered to Room 21204a SW to the attention of Advisor, Office of Administrative Services and Head, Procurement and Contracts Administration Unit of ADB Headquarters located at No. 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines.

19. Late Submission

19.1 ADB shall not consider any Application that arrives after the deadline for submission, in accordance with ITA Clause 18.1. Any Application received by ADB after the deadline for submission will be rejected and returned unopened to the PCM Service Provider.

20. Modification and Withdrawal of Applications

20.1 The PCM Service Provider may modify or withdraw its Application after submission, provided that written notice of the modification or withdrawal is received by ADB, prior to the deadline for the submission. The Applicant’s modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with the provisions of Sections 17 and 18 with the envelope additionally marked “MODIFICATION” or “WITHDRAWAL”, as appropriate.

20.2 No Application may be modified subsequent to the deadline for submission of Prequalification documents.

20.3 No Application may be withdrawn in the interval between the deadline for submission and the expiration of the period of validity specified by the Applicant on the Application Form.

V. Opening and Evaluation

21 Opening of Application

21.1 ADB will open the Application to Prequalify, including modifications made pursuant to Section 20, on 17 January 2020 at Asian Development Bank Headquarters, 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines.

21.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Applications for which an acceptable notice of withdrawal has been submitted, pursuant to Section 20, shall not be opened.

21.3 All other envelopes holding the Application to Prequalify shall be opened one at a time and the following read out and recorded: name of the PCM Service Provider and whether there is modification or substitution; and other details as per ITA




Section 10. No Application shall be rejected at the opening except for late submissions, in accordance with ITA Section 20.

21.4 ADB shall prepare a record of the opening of Applications to Prequalify that shall include, as a minimum: the name of the PCM Service Provider and whether there is withdrawal, substitution, or modification, and other details as per ITA Section 10.

22. Evaluation of Application to Prequalify

22.1 To assist in the examination, evaluation and comparison of Applications, ADB may, at its discretion, ask any PCM Service Provider for clarification. The request for clarification and response shall be in writing or by email. Clarification on the PCM Service Provider's technical capability may also be done by way of inspecting PCM Service Provider's company premises and/or visits to one or more of the PCM Service Provider’s clients by ADB's representatives. The PCM Service Provider should provide full cooperation if ADB deems necessary to do so.

22.2 Subject to ITA Clause 20.1, no PCM Service Provider shall contact ADB on any matter relating to its Application from the time of the application opening to the time the Contract is awarded. If the PCM Service Provider wishes to bring additional information to the notice of ADB, it should do so in writing.

22.3 Any effort by the PCM Service Provider to influence ADB in ADB’s evaluation, comparison or Contract award decisions may result in: (i) the rejection of the PCM Service Provider’s Application; and (ii) disqualification of the concerned PCM Service Provider to participate in any future procurement exercise by ADB.

22.4 ADB will undertake a qualification review of each PCM Service Provider based on the qualification criteria indicated in ITA Section 2. Proposals/Applications submitted by the PCM Service Providers who meet the qualification criteria will be considered by ADB for further evaluation. Proposals/Applications, which do not meet the qualification criteria, will be rejected.

22.5 ADB will determine whether each Application submitted by a qualified PCM Service Provider is (i) properly signed; (ii) substantially responsive to the requirements of the application documents; and (iii) the Applications are otherwise generally in order. ADB may, based on factual justification and in consideration of requirements for competition and transparency, waive minor and/or administrative deficiencies in PCM Service Providers’ submissions.

22.6 Application that is not substantially responsive to the prequalification documents or contains inadmissible reservations will be rejected. An Application will be rejected if it is determined to contain an omission or misrepresentation that is determined by ADB, to amount to an integrity violation of ADB’s Anticorruption Policy.

22.7 Applications will first be evaluated based on a “Pass-Fail” Evaluation Framework (refer to Attachment 11 of Appendix 1 SOW) established by ADB and the Application to Prequalify Response Template provided in Appendix 3. A substantially responsive Application to Prequalify is one that conforms to all terms, conditions and specifications of the prequalification documents without material deviation or reservation. A major deviation would normally occur when (i) the scope, quality or performance of the Services offered substantially differ from the prequalification documents; (ii) the Application to Prequalify offer limits in any substantial way, ADB's rights or the PCM Service Provider's obligations under the Contract; or (iii) any rectification would unfairly affect the competitive position of other PCM Service Providers with substantially responsive Proposals/Applications. A major deviation will result in the rejection of the PCM Service Provider’s Application.




22.8 The Proposals/Applications will be evaluated based on the following mandatory minimum requirements (as highlighted in Appendix 3):

Organizational Capacity

i. Years of Operation

ii. Management Structure

iii. Internal Programs

iv. Company Certifications

v. Breadth of Client Base Technical Competence

i. Similar Contract(s) or Engagement(s)

ii. Areas of Competence for Staff Augmentation

iii. Areas of Competence for Deliverable-based Services

Financial

i. Positive networth

ii. Acceptance on the Range of Rates

22.9 If, after the examination of the terms and conditions and evaluation of above requirements, ADB determines that the Application is not substantially responsive in accordance with the prequalification documents, it shall reject the Application.

22.10 Only the qualified PCM Service Providers with compliant Applications shall be considered. PCM Service Providers who do not conform to the specified requirements will be rejected as deficient and non-responsive.

22.11 Additionally, Applicants that have met the mandatory criteria will then be scored on some additional technical facets. Those additional technical facets are (i.) Innovation, (ii.) Sustainability, and (iii.) Specialty PCM Capabilities. These additional technical facets will be evaluated as per the Additional Technical Competence section of SOW Attachment 11.

23. Non-conformities, Errors, and Omissions

23.1 Provided that an Application is substantially responsive, ADB may waive any non-conformity or omission in the Application that does not constitute a material deviation.

23.2 Provided that an Application is substantially responsive, ADB may request that the PCM Service Provider submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial non-conformities or omissions in the Application related to documentation requirements. Such omission shall not be related to any aspect of the price of the Application. Failure of the PCM Service Provider to comply with the request may result in the rejection of its Application.

VI. Award of Contract

24. Award

24.1 Following the qualification review and technical evaluation of each PCM Service Provider, qualified PCM Service Provider will be included in the pool of Service Providers who will be requested to submit curriculum vitae of their technical staff.




24.2 Subject to ITA Sections 22 and 23, ADB will prequalify technically complying Applicants for PCM Service Providers.

25. ADB's Right to Accept or Reject Any Application

25.1 ADB reserves the right to accept or reject any Application, and to annul the prequalification process and reject all Proposals/Applications at any time prior to award of Contract, without thereby incurring any liability to the affected PCM Service Provider or PCM Service Providers or any obligation to inform the affected PCM Service Provider or PCM Service Providers of the grounds for ADB's action.

26. Notification of Award

26.1 ADB will notify the successful PCM Service Providers by letter (Letter of Acceptance of Application) that its Application has been accepted (see Appendix 8).

26.2 The Letter of Acceptance of Application, together with the PCM Service Provider’s Application, will form a Contract between ADB and the successful PCM Service Provider, until the Contract has been affected pursuant to Section 27.

27. Execution of the Contract

27.1 The prequalified Applicant for PCM Service Provider will be offered to enter into and execute a retainer Contract Agreement (see Appendices 9 to 11) in accordance with the form and conditions, and to furnish the required commercial requirements, as applicable for each project awarded.

28. Special Character of ADB

28.1 The Applicant's special attention is drawn to the special character of ADB as an international financial institution with status, privileges and immunities as established under the Charter and the Headquarters Agreement. The PCM Service Provider is advised to study these documents, copies of which are available from ADB’s website, free of charge, in order to assess his or her rights and obligations under the Contract. Provided is the link to ADB’s Charter and Headquarters Agreement: http://www.adb.org/documents/agreement-establishing-asian-development-bank-adb-charter.

29. Confidentiality / Non-disclosure

29.1 The information contained in this prequalification document, or accumulated through other written or verbal communications, is confidential. It is for information purposes only and is not to be disclosed or used for any other purpose. All information contained herein is private and is protected by law.

29.2 Information received in response to this prequalification document will be held in strict confidence and will not be disclosed to any party other than ADB without written consent. A non-disclosure agreement can be arranged, if requested.

[Type here] Asian Development Bank Appendix 1 – Statement of Work



APPENDIX 1 Statement of Work

Staff Augmentation and/or Deliverable-based Services:

Project / Construction Management (PCM) Services 1. ACRONYMS ADB Asian Development Bank AIS Archibus Information System CCM Certified Construction Manager CPBD Certified Professional Building Designer CPC Certified Professional Constructor DE Design and Engineering PCM Service Provider Design, Engineering, Construction Manager Service Provider FO Field Office GBCI Green Building Certification Institute IDIQ Contract Indefinite Delivery Indefinite Quantity Contract MEPF Mechanical, Electrical, Plumbing and Fire Protection Engineering NFCC Net Financial Contracting Capacity OAS Office of Administrative Services OAFA-FM Facilities Planning and Management Unit of OAS OAOD-PMU Program Management Unit of OAS OAPC Procurements and Contracts Unit of OAS

OAOR Organizational Resilience Unit of OAS (includes Security and Emergency Services)

PCM Project/Construction Management PE Professional Engineer PMP Project Management Professional QA Quality Assurance QC Quality Control RFI Request for Information RFP Request for Procurement RM Resident Mission RO Representative Office SOW Statement of Work SQM Square Meters TOR Terms of Reference WBS Work Breakdown Structure WO Work Order




2. OVERVIEW 1. ADB is a multilateral development finance institution based in Manila, Philippines. Built

in 1991, the ADB headquarters (HQ) covers an area of 6.5 hectares with facilities ranging from power generation, heating, ventilation and air-conditioning (HVAC), sewerage, fire management, rain water harvesting, etc. With a multitude of facilities found at the HQ, there are currently various service providers that operate and maintain the bank’s facilities.

2. The Office of Administrative Services (OAS), Facilities and Asset Management Division (OAFA) and the Facilities Planning & Management (OAFA-FM) unit under that division intends to contract with several firms, to provide expertise in the area of Project/Construction Management to improve institutional ability to provide facilities for staff in HQ and field offices. Over the four (4) year duration of the contract, OAFA-FM needs to design and perform extensive renovation to the Headquarters building, and to develop and renovate eleven (11) field offices. It is anticipated that during this time period, there will also be renovation work required in several existing field offices.

3. ADB, through this IDIQ aims to establish a group of qualified suppliers from which they can arrange project/construction management services for various projects such as but not limited to office expansions, relocations, rehabilitation and infrastructure upgrades at its offices in Philippines and the region.

4. Staff augmentation is the mode of service where ADB would require the engagement of personnel with specific skills to perform a given task or scope of work. The PCM Service Provider shall provide qualified personnel on a time-and-material basis for a given period of time.

5. PCM Service Provider personnel may also be engaged for project-based requirements with specific duration or for operational support on a regular continuous basis.

6. Thus, the ADB contracts under this IDIQ can have three (3) possible modes of delivery:

i. staff augmentation where the PCM Service Provider is sourced to work with the in-house team of ADB professionals, who are responsible for management and delivery of the project;

ii. staff augmentation where the PCM Service Provider is sourced to work with another IDIQ partner who is responsible for design and/or delivery of a project; and

iii. deliverable-based service where an IDIQ partner is responsible for all aspects of PCM from due diligence, management of contractor, verification of materials, punchlisting and acceptance of final deliverable .

7. Details on staff augmentation mode of service are discussed in Appendix 1, Attachment 2, and details on the deliverable-based mode of service are discussed in Appendix 1, Attachment 3.

8. The PCM Service Provider must provide the services described in this SOW during the contract term, including qualified personnel, products, and services necessary to perform the specific tasks needed by ADB. This SOW is intended to be comprehensive, but is not all-inclusive, in describing the particular scope, deliverables, activities, resources or other requirements necessary for the proper performance of the services. This may include all functions, tasks, responsibilities, support, equipment, software, and personnel required from and as accepted by the PCM Service Provider.

9. Throughout this document, all references to equipment, tools, hardware, and software are subject to ADB’s approval in compliance with the organization’s policies and standards.




10. Period of Performance. The period of performance will be based on the period specified in each Task Order awarded to a particular Service Provider under the pool. The retainer engagement itself is expected to be for a maximum of four (4) years, subject to PCM Service Provider’s satisfactory performance for each Task Order awarded, which will be reviewed annually or per project basis. Engagement of non-performing PCM Service Providers may be pre-terminated based on result of the Service Level Agreement (SLA) assessment and provisions in General Conditions of the Contract on Termination.

11. Contract amendment will affect any changes in the services described in this SOW during the contract term, while a change control process will govern for any changes made to the scope of the specific Task Order awarded.

3. GENERAL PROVISIONS 12. The official language used in ADB is English. The PCM Service Provider personnel must

be proficient in oral and written English communication, must have good interpersonal skills, and must be able to adapt to a multi-cultural environment.

13. The PCM Service Provider shall maintain clean, orderly and safe storage areas for materials, tools and equipment. Safety measures shall be observed in the storage of chemicals and other hazardous materials. The PCM Service Provider shall hold ADB free from any liability arising from loss or damage of such materials and equipment. Appropriate internal control on inventory management shall be implemented by the PCM Service Provider and shall be audited by OAFA-FM authorized representatives.

14. The PCM Service Provider shall be responsible and accountable for all ADB-owned materials, tools and equipment, once issued or used by their personnel including any damage or loss of these items. In case of loss or theft, the PCM Service Provider shall report this immediately to the OAFA-FM authorized representative. The PCM Service Provider shall be held liable for the damaged/lost items and shall repair/replace the said items with the same or higher specifications.

15. The PCM Service Provider shall provide and make available at all times all necessary equipment, tools and consumables including personal protective equipment necessary to carry out the Services satisfactorily and efficiently following a sustainable cleaning equipment program. The PCM Service Provider shall ensure that all tools and equipment are maintained regularly.

16. The PCM Service Provider shall maintain and submit daily logs, checklist, records and reports on the performance of the services and shall make these available anytime to ADB for its inspection.

ADB-Furnished Resources

17. Depending on the requirement, ADB may provide workstations, PCs including software and applications, telephones, tools, and other equipment necessary in carrying out the required services.

18. Personal devices that will be brought in by the PCM Service Provider personnel will not be supported by ADB and must not be connected to any of ADB's system without the necessary clearance and/or approval from the authorized ADB staff.

Official ADB Holidays

19. ADB has ten (10) official holidays listed below:

Table 1. Official ADB Holidays

Holiday Date 1 New Year’s Day 01 January




2 Holy Thursday Movable date 3 Good Friday Movable date 4 Labor Day 01 May 5 Philippine Independence Day 12 June 6 All Saints’ Day 01 November 7 Bonifacio Day 30 November 8 Christmas Day 25 December 9 Rizal Day 30 December 10 New Year’s Eve 31 December

20. Except for the New Year’s Eve holiday, when any of the above holidays falls on a Saturday or Sunday, the preceding Friday or the following Monday is observed as a holiday. Should 31 December be the compensatory holiday for Rizal Day or New Year’s Day, or fall on a Saturday or a Sunday, the New Year’s Eve holiday will be the last working day of the year, which could be 28 or 29 December. Office hours and holidays are subject to change at the option of ADB.

21. Generally, ADB does not observe the special holidays declared by the Philippine Government. The PCM Service Provider is required to provide the normal number of personnel on said holidays.

Policies, Procedures, Guidelines

22. Apart from existing ADB policies, guidelines, and procedures, the PCM Service Provider and its personnel must also follow specific guidelines and procedures to be issued by OAS with regard to the provision of the required services.

Intellectual Property

23. ADB shall be the sole owner of all outputs, processes, procedures, resolutions, fixes, workarounds, and other forms of intellectual property developed by the PCM Service Provider and its personnel under this SOW.

24. ADB shall have the full, unrestricted, and perpetual right to use any information, systems, applications, etc. developed within the period of agreement or which resulted from the engagement.

No Employee-Employer Relationship

25. It is understood that no employee-employer relationship exists between the PCM Service Providers, their personnel, on the one hand and ADB, on the other hand.

26. ADB shall not be responsible for any payment of salary or any other benefits to the PCM Service Provider’s personnel. Such payments shall be the exclusive responsibility of the PCM Service Provider which shall bear all costs incurred in connection with the services rendered by its personnel to ADB, such as but not limited to medical; social security; vacation and sick leave; emergency living allowance; 13th month pay; bonus; general and administrative costs; training costs; accommodation, transportation, and other related costs; taxes; profits; and others. PCM Service Provider shall ensure that their personnel are covered by appropriate medical, life, and travel-related insurance.

27. ADB shall not be liable for any additional payment to either the PCM Service Provider or its personnel, outside of what is reflected in the contract. No request for additional compensation will be entertained by ADB by reason of any increase in wage rates or for any other reason during the continuance of the Contract.

Identification and Conduct

28. The behavior, discipline, and work performance of the personnel are the responsibility of




the PCM Service Provider. In connection with this, the PCM Service shall ensure that the company, its officers, and all its personnel visiting or working on-site at ADB facilities comply with ADB’s Standards of Conduct for Contractors that is attached hereto and made an integral part thereof (see Conditions of Contract).

29. PCM Service Provider personnel working on-site at ADB facilities shall at all times wear an ADB-issued identification badge and identify themselves as such when their status is not readily apparent.

30. All personnel of the PCM Service Provider shall comply with all applicable ADB regulations, policies, and procedures (e.g., fire, safety and security, information communication and technology security and sanitation) when visiting or working on-site at ADB facilities. The PCM Service Provider shall ensure that their personnel present a professional appearance at all times and that their conduct shall not reflect discredit on ADB.

Disengagement

31. ADB reserves the right to disengage the PCM Service Provider for reasons of:

31.1 Misconduct, non-compliance or for security-related reasons. Such may be served with or without a notice period upon ADB’s discretion.

31.2 Discontinued project. The Notice of Termination will be given to the PCM Service Provider at least thirty (30) calendar days before the effectivity date of the termination.

31.3 Non-performance of tasks and deliverables as per PCM Service Provider personnel’s Terms of Reference (TOR). Such may be served with or without a notice period upon ADB’s discretion.

4. PERFORMANCE REVIEW OF PCM SERVICE PROVIDER 32. ADB shall regularly review the performance of the PCM Service Provider in carrying out

the services. ADB reserves the right to require the PCM Service Provider, and the latter binds it, to improve the quality of its service.

33. Specific performance benchmarks to which actual performance will be measured against are reflected in the SLA document (Attachment 10). SLA monitoring is on a monthly basis.

34. The services are to be evaluated on an annual basis or per project basis. This is to ascertain service level attainment and co-develop improvements on the service levels, processes, service delivery, etc.

35. An evaluation report shall be discussed to the PCM Service Provider and the results will be mutually agreed, following which the PCM Service Provider should take appropriate action. Non-responsiveness to improvements shall be ground for termination of the contract, disengagement of the PCM Service Provider personnel, and/or imposition of financial sanctions. Ad hoc SLA reviews may also be requested by ADB, as the need arises.

36. Penalties to be imposed are also defined in the agreed SLAs.

5. OVERVIEW OF ADB SERVICE LOCATIONS 1. Details about the ADB HQ and the other Service Locations, including available

equipment, are detailed in Appendix 1, Attachment 4.

2. A summary overview of the locations that ADB operates, maintains and performs functions is provided below:




A. ADB Headquarters (HQ)

3. The ADB HQ in Ortigas Center, Mandaluyong City, covers an area of 6.5 hectares with a gross floor area amounting to 155,000 square meters. It is a model of green building where the main facility was re-certified as a LEED Gold Building for Existing Buildings Operations and Maintenance (EB + OM) in 2017 and the organization is currently exploring Platinum certification.

B. ADB Clark Facility (CF) 4. ADB maintains a facility in Clark Freeport Zone in Pampanga. This facility is made

available for consultants of the Philippine Country Office (PHCO).

C. Official Residence of the President

5. ADB maintains the official residence of the ADB President in Manila.

D. Others 6. The PCM Service Providers shall also be required to support ADB at other locations in

the Philippines such as but not limited to rented spaces and external venues for conferences and other functions where ADB equipment and materials are requested to be brought, set-up or used temporarily.

7. As mention in Section 2 above, OAFA-FM has a need to design and perform extensive renovation to the HQ building, and to develop and renovate eleven (11) field offices. It is anticipated that during this time period, there will also be renovation work required in several existing field offices.

6. STATEMENT OF WORK CONTENTS 8. The Statement of Work documents are composed of the following documents:

i. Statement of Work (SOW) – Overview - Appendix 1 iii. Statement of Work (SOW) – Project/Construction Management - Appendix 1 iv. List of Project Deliverables - Attachment 1 v. Staff Augmentation (mode of service) - Attachment 2 vi. Deliverable-based (mode of service) - Attachment 3 vii. ADB Service Locations - Attachment 4 viii. Staff Augmentation Terms of Reference - Attachment 5 ix. Estimated Annual Breakdown of Skills With Number of

Personnel - Attachment 6

x. Staff Augmentation Billing Rate and Skills Matrix - Attachment 7 xi. Monthly Report for Submission to OAS - Attachment 8 xii. Deliverable-based Terms of Reference - Attachment 9 xiii. Service Level Agreement (Staff Augmentation and Deliverable-

based Services) - Attachment 10

xiv. Technical Evaluation Criteria - Attachment 11 xv. Deliverable-based Evaluation Criteria - Attachment 12

9. It is noted that the SOW for PCM Services is composed of all the above documents that should be read in conjunction with any addendum issued in accordance with ITA Section

Asian Development Bank Appendix 1 – Statement of Work



APPENDIX 1 Statement of Work

Statement of Work –

Staff Augmentation and/or Deliverable-based Services for: Project / Construction Management (PCM) Services




Table of Content 1. INTRODUCTION Error! Bookmark not defined.

2. SCOPE OF SERVICES OVERVIEW 23

General Requirements 23

Initiation Phase 26

Analysis Phase 26

Design Phase 26

Contracting Phase 27

Implementation Phase 27

Close-Out Phase 27

Interface with Other ADB Consultant and Construction Contracts 27

3. PROJECT/CONSTRUCTION MANAGEMENT OBJECTIVES 28

Project/Construction Management Objectives 28

4. BASIS OF CONSTUCTION MANGEMENT AND CONSTRAINTS 28

Functional Space & Building Program 28

Construction Management - General 29

Construction Management – Time 29

Construction Management – Cost 30

Construction Management – Scope (Specification) 31

5. GENERAL REQUIREMENT 33

Deliverables by PCM Service Provider 33

ADB Approvals 34

Constructability of Design 34

Code Compliance 34

Design Completeness 34

Building Permit 34

Certificate of Operation 35

Inspection 35

Workshops, Meetings & Presentations 36

6. SCOPE OF SERVICES - PROJECT INITIATION STAGE 36

7. SCOPE OF SERVICES - CONTRACTING STAGE 38

8. SCOPE OF SERVICES - CONTRUCTION STAGE 38

9. SCOPE OF SERVICES – CLOSE-OUT STAGE 39




PCM SERVICE PROVIDER SCOPE OF SERVICES 1. INTRODUCTION

1.1. This SOW outlines the requirements for the Consultant’s Project Management or Construction Management Services (hereafter PCM Service Provider) for ADB HQ in Manila as well as its Resident Missions and Representative Offices in its member nation countries.

1.1. PCM Service Provider may, depending on the scope of the project, be responsible for all aspects of the project/construction management from working with architects and engineers to go over plans and blueprints, making timetables for the project, determining material and labor costs, negotiating with and hiring subcontractors and workers, gathering permits and making sure everything is up to code. The PCM Service Provider shall be the single point responsible for all matters related to construction and construction coordination and technical matters on assigned project.

1.2. PCM Service Provider shall note that the Scope of Services is intended to provide a clear understanding of the extent of commitment required as a minimum to deliver a successful outcome of Services on the basis of a framework that seeks to create an excellent working relationship that is free of any disputes and conflicts.

2. SCOPE OF SERVICES OVERVIEW

2.1. PCM Service Provider shall review the construction contract and be very familiar with the contract requirements including but not limited to the technical information and drawings and scope of work required under the construction contract. The ADB contract package will completely identify the scope of the construction contract together with all the disciplines and interfaces that the PCM Service Provider will manage.

2.2. Depending on the nature of the project and market capabilities, more than one contract may be required to fully define the full scope of work to be managed.

General Requirements 2.3. PCM Service Provider shall be responsible for all aspects of the project management as

detailed in this Appendix and Attachment 1 - List of Project Deliverables and shall coordinate, as required, all construction craft disciplines, as necessary for the performance of the Services in accordance with the Contract.

2.4. The PCM Service Provider shall provide strong leadership and efficient project management capabilities to make sure that the delivery of the project will be in line with the milestones and level of documentation as required by the construction contract.

2.5. PCM Service Provider shall study job specifications and determine appropriate methods and oversee and direct construction of assigned project from conception to completion.

2.6. When contract is for service-delivery, it is expected that the PCM Service Provider shall determine labor requirements and dispatch workers to construction site(s).

2.7. The PCM Service Provider shall review the project in-depth to schedule deliverables. It is expected that the PCM Service Provider will develop a schedule that identifies the logical steps and budget time required to meet deadlines.

2.8. The PCM Service Provider shall manage all change requests including but not limited to estimating the cost associated with each change and the schedule impact of the change.




Additionally, the PCM Service Provider will ensure that project drawings and scope of work are updated accordingly to reflect the change.

2.9. PCM Service Provider shall oversee all onsite and offsite construction or renovation to monitor compliance with design and building and safety regulations.

2.10. When contract is for service-delivery, it is expected that the PCM Service Provider shall create schedules for construction crew and ensure assigned project is fully staffed.

2.11. When contract is for service-delivery, it is expected that the PCM Service Provider shall coordinate and direct construction and craft workers, subcontractors, and vendors

2.12. When contract is for service-delivery, it is expected that the PCM Service Provider shall ensure the required tools, materials, and equipment are used and track inventory.

2.13. PCM Service Provider shall ensure that contractual condition of performance are met by all project contractors and subcontractors.

2.14. PCM Service Provider shall undertake meetings with all other Consultants, contractors, and subcontractors at necessary internals to successfully complete all required work and provide minutes of all such meetings to the assigned ADB Representative.

2.15. PCM Service Provider shall confer with supervisory personnel, contractors, design professionals, and ADB Representative to discuss and resolve matters such as work procedures, complaints, and construction problems.

2.16. PCM Service Provider shall review the work progress on daily basis and at agreed upon intervals, provide internal and external work status updates to the assigned ADB Representative.

2.17. PCM Service Provider shall investigate damage, accidents, or delays in construction to ensure that proper procedures are being carried out.

2.18. PCM Service Provider shall do necessary analyses and planning to prevent problems and resolve any emerging problems.

2.19. PCM Service Provider shall draft contracts and obtain required permits and licenses.

2.20. PCM Service Provider shall analyze, manage, and mitigate project risks.

2.21. PCM Service Provider shall develop and implement quality control program to ensure quality construction standards and the use of proper construction techniques.

2.22. The project/construction management disciplines and quality control / management shall include, but not be limited to, the following:

I. Project / Construction Management

a) Plan, direct, coordinate, and budget activities concerned with the construction and maintenance of structures, facilities, and systems;

b) Participate in the conceptual development of a construction project;

c) Oversee project organization, scheduling, and implementation; and

d) Management of PCM Service Provider obligations, including preparation of all meeting minutes and QA/QC control of all Deliverables.

II. Project Controls

a) Develop, implement and maintain cost controls on a project;

b) Provide centralized planning and scheduling on project;

c) Data gathering, data management and analytical processes used to predict, understand and constructively influence the time and cost outcomes of a project; and




d) Establish standard operating procedures to control the risks associated with the project.

III. Project Scheduling

a) Organize, implement and maintain scheduling management system supporting identified project;

b) Assist to set up tasks and sub tasks to ensure satisfactory realization of project;

c) Assemble the workplan and coordinate the information, people, materials, equipment, along with all the other necessary resources to get the project done; and

d) Monitor work and update the schedule and timing of resources as project work progresses.

IV. Project QA

a) Responsible for ensuring the quality of constructed work product(s);

b) Ensure all the necessary inspections and required tests are conducted and results documented;

c) Ensure construction procedures have implemented produce results that meets quality standards; and

d) Ensure the quality standards for the materials proposed in the drawings and specifications are met.

V. Project QC

a) Check that the people carrying out the work have the specified qualifications;

b) Verify that the work and materials used satisfy the applicable standards as specified;

c) Check that drawings are signed properly, and materials to be purchased meet the specified standards; and

d) Define corrective action required if the work or materials do not meet the required quality standards.

VI. Project Safety Engineer

a) Ensures that onsite workers are following established policies and safety regulations;

b) Responsible for monitoring and assessing hazardous and unsafe situations and developing measures to assure personnel safety;

c) Ensures the Site Safety and Health Plan is prepared and implemented; and

d) Ensures there are safety messages posted, and regular safety topic.

VII. Project Estimator

e) Prepares work to be accomplished by gathering information and requirements; setting priorities;

f) Collect and analyze data in order to estimate the time, money, materials, and labor required to renovate or construct a building;

g) Resolves cost discrepancies by collecting and analyzing information; and

h) Prepares special cost reports by collecting, analyzing, project data and summarizing cost information and trends.

VIII. Project Coordinator

a) Prepare contracts and negotiate changes to contracts with architects, consultants, clients, suppliers, and subcontractors;

b) Prepare progress reports, and communicate progress to key project stakeholders;




c) Manage the purchase of equipment, building materials and/or land acquisitions; and

d) Maintain and monitor project workplan, work hours, budgets and expenditures.

IX. Project Administrator

a) Oversee and perform administrative functions concerned with a project;

b) Coordinate contractors, make appointments, order supplies, do site visits and prepare reports;

c) Assist in the preparation, reporting and analysis of project; and

d) Monitor contracts, prepare progress reports, coordinate schedules, and process invoices.

2.23. PCM Service Provider shall not place reliance upon inclusion of items in any description, document, or reports that notify (directly or indirectly) risk of additional costs or delays. PCM Service Provider shall note that any such matters that could create additional costs or cause delays of any description shall be additionally, and separately, notified formally by letter to assigned ADB Representative as soon as they become apparent in accordance with the Contract.

2.24. The PCM Service Provider’s project/construction management responsibilities by project phase shall include, but not be limited to the following:

Initiation Phase

2.25. The PCM Service Provider will define the project at a broad level. In this phase, the PCM Service Provider will develop the Project Initiation Document to define the project scope, the business needs and planned benefits, along with the high-level project schedule, and the project budget. Important stakeholders will be identified and consulted along with the necessary due diligence to decide if the project is to be undertaken.

Analysis Phase

2.26. In this phase, the PCM Service Provider will develop detailed schedule. This phase will set the CLEAR1 project goals. The project plan is further refined and set as a baseline workplan. Project roles and responsibilities should be clearly defined along with a project communication plan, quality management plan, and risk management plan.

Design Phase

2.27. The major scope of work in this phase will be carried out by a Design Consultant. But the role of the project/construction manager PCM Service Provider will be to liaise with the Design Consultant(s) to ensure compliance with the project schedule by ensure coordination with design team at regular intervals. Contract may require either the Design Consultant or the Project/Construction Manager Consultant to work with local authorities or municipalities to receive any necessary permits or licenses to proceed with project implementation. During this phase, a final study of job specifications is performed to determine the appropriate construction methods. Also, to finalize the project requirements in relation to tools, labor, and materials required.

1 Aligned with PMI C.L.E.A.R. goals method (C-Collaborative, L-Limited, E-Emotional, A-Appreciable, R-Refinable)




Contracting Phase

2.28. The necessary contract vehicles will be mobilized to ensure the required tools, labor, and materials are available for the chosen construction method. During this time, all the necessary permits and licenses will be finalized. The project workplan will be updated based on any delays mobilizing tools, labor, or materials for the project.

Implementation Phase

2.29. This is the phase where deliverables are developed and completed. During this phase the PCM Service Provider will be managing the project execution and updating the project workplan. During this phase, the tracking of deliverables, to the required quality, is being monitored. Additionally, it is critical during this phase that any project changes be assessed for impact against scope, budget, and schedule and that the necessary clearances be achieved prior to accepting any change request.

Close-Out Phase

2.30. This phase represents the completed project. During this phase, labor mobilized is released. A “post mortem” is performed regarding what went well and what did not. This should be a lessons learned exercise to improve future projects.

2.31. Project “punch list” of things that didn’t get accomplished during the project and work with the project team to complete the “punch list.”

2.32. Collect all project documents, including the “as built” designs should be filed and ensure that all change orders or claims are closed.

2.33. Work with the Contracts and Budget team to prepare final project budget and close-out report.

Interface with Other ADB Consultant and Construction Contracts

2.34. PCM Service Provider shall allow for necessary coordination/interface of the Design Services with that of other contracts and facilities affecting this Contract. This shall include current and future projects proposed by ADB. ADB will inform the consultant of the proposed pipeline of projects in any calendar year in Q4 of the preceding year during the budget approval cycle.

2.35. PCM Service Provider shall note that there shall be other building and infrastructure works being undertaken around the perimeter of the project worksite and to a limited extent within the worksite, throughout the Contract and PCM Service Provider shall be deemed to have allowed in Contract Price and Execution Program for all necessary coordination and liaison required.

2.36. PCM Service Provider shall be ready to work with other existing ADB business units, such as program management business unit, the resident mission support team, project teams, which include the project & construction management team, design team, security and organizational resilience team, information technology business unit, facilities management business unit and any other specialist contractor or consultant appointed by ADB.

2.37. PCM Service Provider shall note that ADB has appointed or is in the process of appointing consultant and/or contractors for the following ongoing projects:

• Fire Detection & Alarm (FDAS) and Public Address Upgrade • Enhanced Security & Safety Project – Improved access control




• Building Management System Upgrade It should be noted that the above list is not exhaustive, but rather indicative.

2.38. PCM Service Provider shall be the single point responsible for all matters of project/construction management coordination for their project(s).

3. PROJECT/CONSTRUCTION MANAGEMENT OBJECTIVES

Project/Construction Management Objectives

3.1. Primary project/construction management objectives are the successful development of the project’s procedures of initiation, planning, execution, regulation and closure as well as the guidance of the project team’s operation towards achieving all the agreed upon goals within the set scope, time, quality, and budget standards.

3.2. Additionally, it is expected that the project work performed will enhance institutional reputation for high quality workmanship within ADB Facilities.

3.3. Ensure project outputs enhance institutional reputation for providing safe working conditions for staff and workers.

3.4. Ensure project results enhance institutional reputation for motivating people to give their best and creating an organization that works as a team.

3.5. To provide a facility with the highest standards of Technical, Functional, Operational and Aesthetic characteristics, commensurate with ADB requirements.

3.6. Ensure project outputs meet local green building codes as a minimum, and exceed them where practical within project scope, time, quality, and budget.

3.7. ADB intends that its projects and associated elements comprising this Contract shall be completed on schedule and within budget. It is the responsibility of PCM Service Provider to collaborate and work with the other Parties involved in the projects, to achieve ADB’s objectives.

4. BASIS OF CONSTRUCTION MANAGEMENT AND CONSTRAINTS

Functional Space & Building Program

4.1. Functional Area - is defined as the net functional Space Program area established by ADB (excluding unoccupied areas such as corridors, stairways, public toilets, closets and plant rooms).

4.2. Gross Floor Area - is defined as the floor area within the external perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, public toilets, closets, plant rooms the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

4.3. PCM Service Provider shall note that the total gross areas listed above shall serve as maximum gross areas for the facilities that cannot be exceeded, whereas the functional Space Programs are considered as an outline of basic requirements, which shall serve as the basis for future program development.

4.4. PCM Service Provider shall provide whatever inputs are required for review of the functional and Space Program with ADB in detail and make the necessary adjustments




to respond to ADB’s needs and requirement as a major initial step for the project. This shall be provided by PCM Service Provider during the Initiation and/or Analysis and prior to implementation stage. After these inputs, the project scope, time, quality, and budget are considered set, and a change request process must be initiated for any project issues that impact scope, time, quality, and/or budget.

Construction Management - General

4.5. PCM Service Provider shall deliver assigned project by agreed upon deadline, within project budget, with no lost time injuries, without unavoidable damage to the environment, and compliant with building standards, client specifications and drawings.

4.6. Generally, the PCM Service Provider will manage the development, conservation and improvement of ADB’s built environment; for the entire construction value stream from inception to recycling, with a commitment to sustainable construction; incorporating a wide range of specialist services; guided by a system of values demonstrating responsibility to humanity and to the future of our planet; and be informed, supported and challenged by an independent academic

4.7. PCM Service Provider shall plan out the scope of work, manage and liaise with all the stakeholders. Comply with all relevant codes and regulations, and if required, undergo internal or external audit. The nature of the audits can cover a variety of issues such as health and safety audit, environmental audit, and/or quality audit.

Construction Management – Time

4.8. For analytical purposes, the time required to produce a deliverable shall be estimated using several techniques. One method is to identify tasks needed to produce the deliverable documented in a work breakdown structure or WBS. The work effort for each task is estimated and those estimates are rolled up into the final deliverable estimate. In WBS, the tasks are prioritized, dependencies between tasks are identified, and this information is documented in the WBS (project schedule). The dependencies between the tasks can affect the length of the overall project (dependency constrained) as can the availability of resources (resource constrained). Time is different from all other resources and cost categories. According to PMBOK (Project Management Body of Knowledge) the Project Time Management processes include:

1. Plan Schedule Management

2. Define Activities

3. Sequence Activities

4. Estimate Activity Resources (People, Materials, Tools)

5. Estimate Activity Durations

6. Develop Schedule

7. Control Schedule

4.9. Under PMBOK, the above time management processes have the following dimensions:

1. Define Activities

• Inputs: Management Plan, Scope Baseline, Enterprise Environmental Factors, and Organizational process assets.

• Tools: Decomposition, Rolling Wave Planning, Expert Judgement

• Outputs: Activity list, Activity attributes, Milestone list 2. Activity sequencing




• Inputs: Project Scope Statement, Activity List, Activity Attributes, Milestones List, Approved change requests

• Tools: Precedence Diagramming Method (PDM), Arrow Diagramming Method (ADM), Schedule Network templates, dependency degeneration, applying leads and lags

• Outputs: Project Schedule Network diagrams, Activity List Updates, Activity Attributes updates, Request Changes

3. Activity resource estimating

• Inputs: Enterprise Environmental factoring, Organizational process assets, Activity list, activity attributes, Resources Availability, Project Management Plan

• Tools: Expert Judgement Collection, Alternative Analysis, Publishing estimating data, Project management software implementation, Bottom up estimating

• Outputs: Activity resource requirements, Activity attributes, Resource breakdown structure, resource calendars, request change updates.

4. Activity duration estimating

• Inputs: Enterprise environmental factors, organization process assets, Project scope statement, activity list, activity attributes, activity resource requirements, resource calendars, project management plan, risk register, activity cost estimates

• Tools: Expert judgement collection, analogous estimating, parametric estimating, Bottom up Estimation, Two-Point estimation, Three-point estimation, reserve analysis

• Outputs: Activity duration estimates, activity attribute updates and estimates

5. Schedule development

• Inputs: Organizational process assets, Project Scope statement, Activity list, Activity attributes, project schedule network diagrams, Activity resource requirements, Resource calendars, Activity duration estimates, project management plan, risk register

• Tools: Progressive elaboration reporting, schedule change control system, performance measurement, project management software, variance, analysis, schedule comparison bar charts

• Outputs: Schedule model data updates, schedule baseline, performance measurement, requested changes, recommended corrective actions, organizational process assets, activity list updates, activity attribute updates, project management plan updates.

4.10. The complex nature of the ‘Time’ process group is the reason that PMI under the Project Management Professional (PMP) credential created a separate credential for scheduling professionals (PMI-SP). Large complex projects may require both a Construction Manager Consultant and a Scheduler Consultant.

Construction Management – Cost

4.11. To develop an approximation of a project cost depends on several variables including: resources, work packages such as labor rates and mitigating or controlling influencing factors that create cost variances. Tools used in cost are, risk management, cost contingency, cost escalation, and indirect costs. But beyond this basic accounting approach to both fixed and variable costs, the economic cost that must be considered includes worker skill and productivity that is calculated using various project cost estimate




tools. Cost controls are important given ADB projects will mostly be sourced from temporary or contract workers.

4.12. There are three (3) cost process areas that must be managed. The first is during the initial cost estimating process where an approximation of the cost of all resources is needed to complete activities. The second cost process is after the analysis and design stage is completed. At that time a cost budgeting must be done that establishes a project budget that reflects the cost of resources, materials, work packages and activities to establish a project cost baseline. The third cost process relates to cost control and monitors project costs against budget and looks at the factors that influence any cost fluctuation and or variance. Using various cost management tools, make the determination whether there will be cost variance from the established budget.

4.13. It is expected that the PCM Service Provider will have access or use various available Project Management Cost Estimating Tools. The following is a list of the tools that the PCM Service Provider should have access to in support of ADB projects:

1. Analogous Estimating – using the cost of similar projects to determine the cost of the current project.

2. Resource Cost rates – the cost of goods and labor by unit cost that is then gathered through estimates of estimation

3. Bottom Up estimating – Using the lowest level of work package detail and summarizing the cost associated with it, then rolling it up to a higher level aimed and calculating the entire cost of the project.

4. Parametric estimating – measure the statistical relationship between historical data and other variable or flow.

5. Vendor Bid Analysis – taking the average of several bids given by vendors for the project.

6. Reserve Analysis – aggregate the cost of each activity on the network path then add a contingency or reserve to the end result of the analysis by a factor (usually determined by past performance).

7. Cost of Quality Analysis – used to calculate the cost variances for a project.

4.14. Most Project management solutions have the ability to calculate the cost variances for a project.

Construction Management – Scope (Specification)

4.15. The project scope or project specification is the overall definition of what the project is supposed to accomplish, and a specific description of what the end result should be. A major component of scope is the quality of the final product. The amount of time put into individual tasks determines the overall quality of the project or the end result. Some tasks may require a given amount of time to complete adequately, but given more time could be completed exceptionally. Over the course of a large project, quality can have a significant impact on time and cost (or visa versa).

4.16. Throughout the Initiation, Analysis, and Design phase of an ADB project, the project scope is refined and defined and determines the specific project goals, deliverables, features, functions, tasks, deadlines, and ultimately costs. In other words, the project scope or specification define what must be done to deliver a project. What should be noted is that for ADB, the outcome is more a Product Scope. In traditional project management, project scope is geared more to the work that needs to be accomplished to deliver a result with the specified features and functions. That is all well and good, but looking back at SOW Section 3, it must be remembered that these objectives must be a part of every project




scope. Therefore, there are features and functions that must be a part of every project so that there are many elements that are oriented toward functional requirements rather than just work-oriented requirements. Therefore, it is critical that both work-oriented and functional requirements be part of all project scopes.

4.17. To that end, it is important that the PCM Service Provider ensure that the project specifications include design criteria that are in accordance with the latest published local and relevant international design criteria and codes and to ADB approval, including but not limited to the following:

i. Architectural Design - Architectural elements shall comply with the latest International Building Code (IBC), NFPA Code and/or local codes, whichever is more stringent.

ii. Disabled Access - The design shall incorporate disabled access and disabled emergency egress in accordance with the latest requirements of BS 8300 / ADA Guidelines.

iii. Civil / Structural Design - The minimum Civil / Structural design requirements are those required under the International Building Code 2018.

iv. Building Services Engineering Design - The minimum Building Services design requirements will be defined on a case by case basis by the Facilities Planning and Management (Building Services) business unit.

v. Engineering Design - The minimum engineering design requirements are will be defined on a case by case basis by the Facilities Planning and Management (Engineering Services) business unit.

vi. Environmental criteria - A typical saliferous coastal environment prevails with frequent hurricanes and typhoons.

vii. Design life of the facility - The facility’s design life including all mechanical equipment, associated piping, electrical, instrumentation and civil works shall be 30 years, whilst structural works shall be 60 years, with consideration of the operating regime and environmental conditions.

viii. Landscaping - The design shall minimize water use (including recycling as appropriate), energy demands and maintenance. The landscaping design shall maximize the use of native plants and vegetation.

ix. Selection of FF&E - PCM Service Provider shall pay particular attention to the following key criteria in the selection of FF&E:

a) The Scope of the FF&E selection shall include but not be limited to the selection, scheduling and specification of all FF&E components of the building and associated interior works.

b) Durability – which shall be interpreted as fit for its purpose, (suitable for its intended use) of requisite quality and deliver an anticipated life expectancy of 10 years;

x. Economy – value for money in combination with other key criteria to be demonstrated during the Concept Design and Design Development presentation. PCM Service Provider shall particularly note the requirement to provide full and detailed cost information to quickly verify the QF Approved Budget and thereafter provide strict cost control to maintain the QF Approved Budget;

xi. Maintainability – in combination with availability, all proposals shall have local Agents and Suppliers for technical support, spare parts, repairs and replacement;




xii. Functionality / Flexibility - The design shall be undertaken to satisfy the technical, functional, operational and aesthetic requirements of the end-user, as approved by ADB. The design shall allow the potential for future expansion and space alignments, with minimal disruption or shutdown to its ongoing operations. Designs shall be undertaken to allow for a reconfiguration of spaces in the future, with, as far as possible, minimal limitations imposed by structure and services reticulation.

xiii. Sustainable Design-LEED Certification - ADB projects shall be designed to achieve and/or maintain the Leadership in Energy and Environmental Design (LEED) Green Building Rating System level of ‘Gold’ as a minimum, but preferably Platinum as devised by the United States Green Building Council, or internationally recognized equivalent rating.

xiv. Maintenance & Cleaning Strategy - The design shall be compatible with a minimum maintenance philosophy and shall identify the means to carry out all maintenance, major replacement of plant and equipment and the like.

5. GENERAL REQUIREMENT

Deliverables by PCM Service Provider 5.1. It should be well noted that ADB projects are outcome based, not output based. For

example, if the project requires renovation of bathrooms, while the tracking of the works and subcontractors might be done with associated outputs (bathroom tile replacement, counters, and painting). The key outcome is renovated and functioning bathroom to the agreed upon design specification, not the component work activities.

5.2. The PCM Service Provider is responsible to manage the assigned project through initiation, analysis/planning, implementation, and closeout. It is expected that the PCM Service Provider will work closely with the contractor and subcontractors performing the work to achieve specific goals and meet specific success criteria at the specified time and budget. ... The primary challenge of the PCM Service Provider is to achieve all of the project goals within the given constraints.

5.3. The PCM Service Provider shall manage key project processes and produce project artifacts associated with these project processes. The specific type of project artifact will be dependent on the type of project being undertaken. The key project processes are as follows:

1. Project Schedule Management

2. Budget Management

3. Change Management

4. Quality Management

5. Risk Management

6. Project Document Management

7. Project Status

5.4. PCM Service Provider shall provide key project document such as Project Schedule as a WBS (Work Breakdown Structure), the Project Initiation Document (PID), any required Change Request, regular Status Reports, regular Quality Report, the “as built” drawings and specifications, and Closeout Punch list.

5.5. Hard and Soft Copies - PCM Service Provider shall provide both hard and soft copies of all documents at all stages of Contract in the quantities and formats as follows:




5.6. All Drawings – A3 size – Two (2) copies and A1 size – Two (2) copies folded into A4 size

5.7. Reports, calculations, specifications and all other documents: Letter size, 3 copies. Bound

5.8. Soft copies – to be circulated via file share and accompanied with a document transmittal.

5.9. All documents to be color copies

ADB Approvals

5.10. PCM Service Provider shall note that ADB approval shall in no way imply or incur any transfer of liability from PCM Service Provider to ADB. PCM Service Provider shall note that no single project / building / element, shall progress without ADB Approval of the Project Initiation Document (PID), to ensure work is progressing within ADB Approved Budget.

5.11. PCM Service Provider shall produce and issue for ADB review and approval, all of the information listed in Attachment 1 – List of Project Deliverables noting the requirement for a minimum five (5) working days delivery to ADB prior to Presentation Workshops. PCM Service Provider shall note that PCM Service Provider is entirely responsible for actively obtaining all required approvals and resolution of matters that could create additional cost or delays of any description, before such additional costs or delays of any description are incurred.

Constructability of Design

5.12. It is of utmost importance that detailing for elements of unique or complex design be required to go through a constructability analysis, to ensure there is an efficient and practical design solution, readily executable by contractors, understood and realistically priced. Detailed elements of design that are covered by this category must receive a level of study that ensures a design solution responds to the above and is agreed prior to completion of design development.

Code Compliance

5.13. It is the Design Consultants responsibility to ensure that the facilities are designed in accordance with local, national, and current international codes and standards, statutes, regulations, and health and safety codes, and is also consistent with good engineering practice to provide a safe facility, as specified herein. It is the Project/Construction Manager PCM Service Provider’s responsibility to also review the design specification and to provide input on any issue that they see in the design. While the PCM Service Provider is not responsible for the design specification and code compliance, the PCM Service Provider is responsible to raise any issue or concerns they have with the design specification and code compliance, especially as relates to any health and safety issues, and/or the recommended construction approach.

Design Completeness

5.14. The Design Consultant shall be solely responsible for the complete design of any works under its responsibility. No engineering or design work shall be left to the project/construction manager PCM Service Provider or the construction contractor and / his subcontractor(s) for the permanent works. The only design that may be required of a contractor shall be limited to matters of a temporary works nature.

Building Permit

5.15. The Design Consultant is responsible for assisting ADB to obtain the Building Permit as required prior to start of construction on site, and the design shall comply with the




requirements of all relevant Government Authorities, statutory organizations and utility providers. PCM Service Provider shall be responsible for producing all requisite documentation for ADB to progress obtaining of Building Permit.

5.16. If the project requires a building permit, the building permit requirements will vary by country and/or municipality. The building permit will indicate whether an occupancy permit or a certificate of final inspection is required. The PCM Service Provider is responsible for obtaining these certificates.

Certificate of Operation

5.17. If an elevator or escalator is part of the project, then the PCM Service Provider is responsible for ensuring the necessary testing and inspections are done and the operating permit or certificate is issued.

5.18. As part of the turnover, the PCM Service Provider must ensure that the necessary information is provided regarding the municipal requirements and timeframe for renewal of the elevator or escalator operating permit or certificate.

Inspection

5.19. Based on the location and type of project, periodic inspections will be required. New construction typically requires the following inspections be conducted and clearance be obtained from municipal authorities.

1. Inspection of foundation prior to placement of concrete and placement of any drainage backfill.

2. Inspection of preparatory work prior to placement of concrete

3. Inspection of structural or framing fasteners prior to concealment

4. Inspection of electrical, mechanical, and plumbing prior to concealment

5. Inspection of sound impact and energy conservation material prior to concealment

6. Final Inspection (ensure all permitted related equipment, electrical and plumbing fixtures are in place).

5.20. The PCM Service Provider is responsible for scheduling the necessary inspection and ensuring that no “correction action” or “stop work” order is issued due to the site being out of compliance with building permit and/or inspection requirements.

5.21. The PCM Service Provider must track the number and types of inspections required as well as the reason for any rejection or correction. This must be communicated immediately to ADB. And the impact on the schedule and budget must be made.

5.22. The PCM Service Provider is responsible for analyzing and determining trends in failed inspections so that correction action can be taken to increase compliance.

5.23. The PCM Service Provider is responsible for documenting inspection procedures to ensure consistency. Doing so helps ensure consistency if special inspectors are required.

5.24. The PCM Service Provider must ensure that no structures are built over private or municipal utility easements.

5.25. The PCM Service Provider must ensure that construction process meets all municipal erosion and sediment control requirements.

5.26. The PCM Service Provider must ensure that construction process meets all municipal safety and health requirements pertaining to the protection or closure of walkways, sidewalks, and public space adjacent to or within the project construction site.




Workshops, Meetings & Presentations 5.27. Meetings are required of the type stated herein as per five (5) categories below;

1. Project Kickoff Workshop - This Workshop is organized to introduce PCM Service Provider thoroughly to the Project and Project Team. The Workshop also offers a forum for PCM Service Provider to discuss ideas and obtain further information and shall be attended by PCM Service Provider, and Key Team Members, particularly any Specialist Consultants, Contractors, and/or Subcontractors with most direct relevance to the project.

2. Status Update Meetings – The time period between these meetings will be mutually agreed upon between the PCM Service Provider ADB. At these meetings, the project schedule will be reviewed along with significant project milestones; the project budget status (spend to schedule); discuss status or risks and issues and raise any new problems since the last status meeting, and any general project issues raised by the project team.

3. Stakeholder (Information Sharing) Meetings – Depending on the nature of the project, Stakeholder meetings may or may not be required. If required, it is important to provide a “high level” update to senior manager(s) that communicates the overall project status. It is important in these meetings to seek and listen to feedback from stakeholders. Stakeholder Meetings will be arranged through ADB.

4. Change Control Meetings - Despite the best possible planning, project surprises happen or a risk event may occur, or an opportunity may arise for faster project progress. While small project changes that do not negatively impact schedule or budget or scope may be taken by the PCM Service Provider. BUT, any changes that negatively impact schedule, or budget, or scope must be analyzed and assessed. A change control meeting give the PCM Service Provider an opportunity to discuss the proposed change, elicit feedback from key project team members on the impact to the project. Decide on the change recommendation and plan the next steps regarding communicating the impact of the change on the project and developing the change request.

5. Project Review Meeting – The end of key project phases is an opportunity to review how the work of phase unfolded. The objective of this meeting is to capture the lessons learned regarding what work and what did not work and the reason behind the failure. It is also an opportunity to celebrate the work completed.

5.28. The above list is not all inclusive and merely indicative of the minimum meeting types required for a project.

6. SCOPE OF SERVICES - PROJECT INITIATION STAGE

6.1. The following information or documents might be required or developed for project initiation. Not all projects are the same, either in size or outcome, so below identifies requirements not relevant to all projects.

1. Documentation

• Project Initiation Document or PID (requires approval for project start)

• Project design drawings and specification;

• Shop and working drawings;

• Submittals and approvals;




• Testing and inspection

2. Permits, fees, and licenses

• Municipal

• Provincial

• Regional

• National

3. Work Breakdown Structure (WBS)

• Major types of work involved;

• Trades and the competencies required;

• Major materials, systems, and equipment required;

• Procurement cycle;

• Fabrication requirements;

• Delivery considerations;

• Installation requirements;

• Testing and startup requirements;

• Access to owner or contractor furnished equipment;

• Contractual milestones and constraining dates

4. Site availability and access

• Environmental controls;

• Materials handling and storage area;

• Tools handling and storage area;

• Temporary utilities;

• Temporary voice and data communication requirements identified

• Signage requirements identified

• Traffic, utility, or other interruption potential;

• Climate and seasonal considerations

• Security systems and options have been identified

• Areas allocated for workforce parking

5. Resource availability

• Project management team

• Materials

• Skilled labor

• Equipment

• Trades and specialty contractors

6. Critical events and contingency plans

7. Other considerations for project success

6.2. The key outputs from the Project Initiation Phase are the Project Initiation Document (PID) and the Work Breakdown Structure (WBS). For ADB Capital Budget (CapX) funded projects, a Project Concept Paper has been developed and is the beginning of the PID. To develop the PID, the PCM Service Provider reconfirms the project scope, and project requirements in terms of outputs and outcomes. The PCM Service Provider must then look at the design specifications and develop the Quality Control Plan component of the PID. The PID also requires development of a Risk Management Plan and a Communication Plan (as sections of the PID document). The PID template will be




provided to the PCM Service Provider. Additionally, the WBS must be developed for the project. Using the design specification, and cost estimate provided, the WBS with activities and resource requirements is used to establish a baseline project budget. Movement to the next phase of the project cannot occur without ADB Management sign-off on the PID with WBS. This sign-off sets the baseline scope, schedule and budget for the project. Deviation from these baselines requires a project change request.

6.3. It should be noted that the Project Design Stage will be carried out either prior to or in parallel with Project Initiation.

7. SCOPE OF SERVICES - CONTRACTING STAGE

7.1. ADB has in-place several multi-year frame work contracts for mobilizing labor resources. Based on the Design Specification and the project WBS, the resource requirements can be defined and through discussion with these frame work vendor-partners, the time required to mobilize project resources and materials can be identified.

7.2. The PCM Service Provider will be required to develop Statement of Work that will be provided to the framework vendors. Mobilization requires that the service providers’ resource must first have a Philippine National Bureau of Investigation (NBI) (or its equivalent in other jurisdictions) background check done along with a Medical Clearance of its personnel assigned to work under the Contract.

7.3. Upon both the NBI and medical clearance being provided to ADB, an executed contract can be put in place and a start date set with reporting instructions provided to the PCM Service Provider. Additionally, the PCM Service Provider will need to ensure that ADB Security is notified for the issuance of a site badge to the PCM Service Provider personnel as part of the PCM Service Provider induction process.

7.4. The PCM Service Provider needs to ensure that a site induction process is established, and all their personnel receive upon arrival and before the start of physical work.

8. SCOPE OF SERVICES - CONTRUCTION STAGE

8.1. The PCM Service Provider shall ensure that arrangements have been made for regular project status reporting meetings.

8.2. The PCM Service Provider shall provide a copy of the project start-up checklist that ensures the permitting requirements of the local municipal authorities have been met.

8.3. The PCM Service Provider shall develop the necessary change requests for any variations from the design specification and scope of work defined in the PID. These variations must be formally documented, and the schedule and cost impact defined. No project variation can be done without approval from ADB.

8.4. The PCM Service Provider shall be responsible for ensuring that the necessary Health and Safety plans are in place and that labor force is regularly made aware of the job site safety requirements. Further, the PCM Service Provider must ensure that necessary arrangements are in place to ensure that the applicable work health and safety plans are being followed AND that the appropriate Occupational Health and Safety questions are being asked at site meetings. The PCM Service Provider is responsible to immediately notify ADB of any accident or injury that occurs on the job site, along with the corrective action being taken to address.

8.5. The PCM Service Provider shall be responsible for ensuring that arrangements are in place to ensure ongoing site management of works including the coordination of access,




goods lift, occupational health and safety issues, security, site cleaning, noise, and disruptions.

8.6. The PCM Service Provider shall be responsible for ensuring that arrangements are in place to ensure that inspectors are scheduled as necessary and undertaking the required inspections during the construction phase. The PCM Service Provider is responsible to immediately notify ADB of any failed inspection, along with the corrective action being taken to address.

8.7. The PCM Service Provider shall be responsible for ensuring that all the relevant inspection certifications are issued, and that the necessary information has been provided for the issuance of certificate of occupancy.

8.8. The PCM Service Provider shall be responsible for ensuring that arrangements are in place to ensure certification of any milestone or progress payments that must be made regularly to site contractors and or subcontractors.

8.9. The PCM Service Provider shall be responsible for ensuring that a special clean has been done at the completion of construction.

9. SCOPE OF SERVICES – CLOSE-OUT STAGE

9.1. The PCM Service Provider shall be responsible for ensuring that a list of defect items has been identified and that a plan for addressing the defects work is in place.

9.2. The PCM Service Provider shall be responsible for ensuring that a certificate of occupancy has been obtained.

9.3. The PCM Service Provider shall be responsible for ensuring that all access cards, keys, and badges have been retrieved from contractors and subcontractors.

9.4. The PCM Service Provider shall be responsible for ensuring that testing of various system has been conducted and that the necessary certificates have been issued for elevators/escalator, fire services (sprinklers/hydrants and exit/emergency lights).

9.5. The PCM Service Provider shall be responsible for ensuring that mechanical services certificates have been obtained and that air balance records have been obtained.

9.6. The PCM Service Provider shall be responsible for ensuring that electrical safety certificate has been obtained.

9.7. The PCM Service Provider shall be responsible for ensuring that hydraulic services certificate has been obtained.

9.8. The PCM Service Provider shall be responsible for ensuring that electrical/communication wiring documentation and plans have been updated.

9.9. The PCM Service Provider shall be responsible for liaising with the design consultant to ensure the project design drawing are updated to reflect the “as built.” The “as built” drawings include architectural, electrical, mechanical, plumbing, and lighting. The copies of these drawing must be turned over to ADB.

9.10. The PCM Service Provider shall be responsible for liaising with the identified authorized ADB representative under the Contract and the concerned ADB staff from the Procurement and Contracts Administration Unit (OAPC) to ensure maintenance contracts have been amended to include items identified in the maintenance schedule and at the end of the defects liability period.

9.11. The PCM Service Provider shall be responsible for liaising with the identified authorized ADB representative under the Contract and the concerned ADB staff from the




Procurement and Contracts Administration Unit (OAPC) to ensure that other related contracts for security, cleaning, key control, and equipment maintenance have been amended, including the removal of any redundant item from existing maintenance contract.

9.12. The PCM Service Provider shall provide a contractor monthly performance report to ADB in format prescribed in SOW Attachment 8.

9.13. The PCM Service Provider provides the necessary certification to ADB to facilitate the release of any construction bond money to be released at the end of construction.




Attachment 1 – List of Project Deliverables

A. Acronyms ADB Asian Development Bank AFC Approved for Construction Documents BD As-Built Design Documents (Project Close-out Phase of Project Lifecycle)

BMS Building Management System C Construction Phase of Project Lifecycle

CD Concept Design CI Project Construction or Implementation Phase of Project Lifecycle CO Project Close-out Phase of Project Lifecycle DD Design Development Stage

FF&E Furniture, Furnishings, and Equipment IFC Issued for Comment Documents IFT Issued for Tender Documents

LEED Leadership in Energy and Environmental Design OCS Observations & Comments Sheet

OS&E Operating Supplies & Equipment PA Project Analysis and Validation Stage of Design PC Project Contracting Phase of Project Lifecycle PD Project Design Phase of Project Lifecycle PI Project Initiation Phase of Project Lifecycle

QCS Quality Control System RA Project (Requirements) Analysis Phase of Project Lifecycle RAL Rolling Action List RDS Room Data Sheets SD Schematic Design Stage TD Tender Documents Stage

WBS Work Breakdown Structure

II. PCM Service Deliverables

#

1.00 Project/Construction Management PI RA PD PC CI CO 1.01 Project Initiation Document (Scope, Requirements) X 1.02 Cost Estimate X 1.03 Project Schedule (WBS) X X X X X X 1.04 Quality Control Plan X 1.05 Communication Plan X




1.06 Project Change Request X X X X X 1.07 Risk Management Plan X X X X 1.08 Regular Status Reports (Scope, Budget, Schedule) X X X X X 1.09 Site investigation report X X 1.10 Budget Monitoring and Cost Reconciliation Report X X X X X 1.11 Contract Administration X X 1.12 Sign-off on Detailed Design and Construction Documents X X 1.13 Obtain Permits X X 1.14 Construction Management (specification / code

compliance) X

1.15 Green Building/Sustainability "construction stage" Report X 1.16 Worksite Inspection X 1.17 Monitor Quality including any testing X 1.18 Punch List X X 1.19 Safety Management X 1.20 Final Inspection Sign-off X 1.21 Sign-off on As-built Documents X 1.22 Sign-off on Turnover Acceptance Certificate X 1.23 Review Invoices/Claims X X 1.24 Resource Closure X X




Attachment 2 – Staff Augmentation (mode of service)

1. Staff augmentation is the mode of service where ADB would require the engagement of personnel with specific skills to perform a given task or scope of work. The PCM Service Provider shall provide qualified personnel on a time-and-material basis for a given period of time.

2. PCM Service Provider personnel may also be engaged for project-based requirements with specific duration or for operational support on a regular continuous basis.

A. Provision of Services

3. Without limiting the generality of the foregoing, the PCM Service Provider shall always provide ADB with an adequate number of resources with the specialized skills, knowledge, and wide experience necessary to undertake the services required by OAS.

Skills Set and/or Services Required.

4. The skills that may be required are outlined in Attachment 5 – Staff Augmentation TORs while the estimated breakdown of the number of personnel deployed in OAS is reflected in Attachment 6.

5. PCM Service Provider shall also provide the necessary IT equipment(s) to carry out the work to be rendered by its PCM Service Provider personnel. IT equipment(s) must adhere to the existing ADB standards.

6. Ownership of such IT equipment(s) shall remain with the PCM Service Provider. The fixed monthly cost for the provision of the IT equipment will be the actual purchase cost of the PCM Service Provider spread over 24 months and shall be invoiced separately.

B. Applicable Rates

7. The applicable range of hourly rates for each technical expertise will be established and used when looking to contract with any of the pool of retainer Contracts for Staff Augmentation.

8. The rate to be paid by ADB for the services of the personnel will depend on the scope of the job to be performed and the expertise of the personnel and shall not exceed the specified range.

C. Sourcing and Engagement

9. Specific terms of Reference (TOR) will be floated to all qualified PCM Service Providers for open posts and for which the PCM Service Providers will endorse Curriculum Vitae (CV) of suitable candidates to ADB. The User Unit will review the CVs and an interview with the potential candidate may be requested through the PCM Service Provider to validate the contents of the CVs.

10. ADB reserves the right to reject any candidate whose qualification and training, in the opinion of ADB, does not adequately equip the person for the assigned work.

11. TORs of new skill set not identified in Attachment 5 will be floated by OAS to all PCM Service Providers.




D. Deployment

12. Once the OAS User Unit has found a suitable and qualified candidate, OAFA-FM representative will inform the concerned PCM Service Provider and will issue a Notice of Engagement reflecting the appropriate details of engagement.

13. The PCM Service Provider shall advise OAFA-FM representative the confirmed start date of the personnel. The representative of the PCM Service Provider shall accompany personnel assigned in ADB premises on their first day for proper orientation. The orientation should cover the procedures and guidelines to be issued by ADB and familiarization on the workplace. Specific guidelines of the PCM Service Provider may also be included as long as the procedures and guidelines of ADB will not be superseded.

E. Submittal Requirements

14. Upon receipt of the Notice of Engagement, and prior to deployment of personnel in ADB, the PCM Service Provider should prepare and submit the Pre-Deployment Requirements to OAFA-FM representative. Engagement of the personnel will not commence in the absence of any of the following:

§ Endorsement form

§ Undertaking form

§ Personal History of Applicant form

§ One 1 ½ x 1 ½ picture

§ Sketch of place of residence to and from ADB

§ NBI clearance (six months from date of issuance)

§ Photocopy of company ID (or certificate of employment)

§ Medical clearance

§ Signed Non-Disclosure Agreement and

§ Signed Ethical Statement

15. At any time, ADB may ask the PCM Service Provider for a copy of their existing signed contract with the personnel to be submitted within 3 business days.

16. PCM Service Providers must also cover the cost of annual physical exam of its PCM Service Provider personnel, including pre-employment medical exam.

F. Place of Performance

17. Work may be rendered offsite or onsite in ADB-HQ premises, including ADB Offices in ADB’s Business Continuity Facility site in Clark, Pampanga and in any other locations where ADB may conduct its business and operations.

18. Work may also be required in ADB’s offshore offices and facilities, like the Business Continuity Facility in Singapore or in field offices. Such instances will be treated on a case-to-case basis, as the need arises.

G. Working Arrangements

19. All PCM Service Provider personnel shall be stationed strictly within the confines of the location or area where they are authorized and/or assigned and on the days and schedules they are expected to perform their duties.

20. If a PCM Service Provider personnel deployed in ADB HQ is required to render services outside Metro Manila, the PCM Service Provider will bill ADB for the actual cost of transportation, if any. An agreed appropriate amount for per diem will also be billed by the PCM Service Provider to ADB for personnel who are required to spend the night in a location outside Metro Manila. Such services will be agreed upon by a separate Work




Order (WO) and all associated costs will be subject to ADB’s agreement (taking into account ADB’s travel guidelines and policies). The PCM Service Provider must ensure that their personnel have the appropriate insurances to cover such assignments.

21. PCM Service Providers shall provide a dedicated Single Point of Contact (SPOC) to address all ADB related inquiries and concerns and to supervise all their personnel assigned in ADB. PCM Service Providers, with more than 20 personnel deployed in ADB, shall be required to assign a separate fulltime representative/coordinator on-site. All requirements will be coordinated by ADB with the PCM Service Provider’s on-site representative/coordinator, including but not limited to, meeting schedules, attendance related issues, administrative matters, reporting, etc.

H. Regular Service Hours and Overtime

22. Standard workdays are from Monday to Friday and the required daily eight (8) working hours must be rendered between 8:00 a.m. and 6:00 p.m. There is no provision for breaks except for lunch that should be taken between 11:30 a.m. and 1:30 p.m. Lunch breaks shall not be computed as part of the working hours.

23. Upon request of the User Section, PCM Service Provider personnel engaged for specific support functions may be assigned to other work schedules.

24. Applicable overtime will be paid for work rendered beyond completion of eight (8) working hours subject to the approval of the PCM Service Provider personnel’s supervisor. Overtime rates shall be computed based on the matrix below:

Table 1: Overtime Multiplier Table

Hourly Rate Multiplier

Regular Overtime 1.3

Rest Day 1.5

ADB Holiday 2

25. PCM Service Provider personnel assigned to work schedule 10:00 pm to 6:00 am shall be remunerated an additional night shift premium pay of 10% of the hourly rate.

I. Time Keeping, Timesheet, and Billing Process

26. ADB’s timekeeping system shall be used to record daily attendance of PCM Service Provider personnel. The required timekeeping entries must be strictly accomplished in accordance with the guidelines issued by OAFA-FM to the PCM Service Provider.

27. PCM Service Provider personnel are also required to log actual hours rendered in ADB’s project management system. This will serve as a record of the actual work performed by the personnel and will be used by the PCM Service Providers as a supporting document for their payment claims.

28. At any point, should ADB decide to change any of the above tools, the PCM Service Providers will be advised and appropriate guidelines (inclusive of walkthroughs) will be issued.

J. Extension of Personnel

29. A notification (Notice of Extension) will be given to the PCM Service Provider if the services of its personnel will be extended beyond the current engagement period at least 15 calendar days before the last day of engagement.




K. End of Assignment

30. If no Notice of Extension is received by the PCM Service Provider, engagement of the PCM Service Provider personnel is deemed terminated at the end of the engagement period.

31. In case a PCM Service Provider personnel resigns prior to the end of the engagement period or decides not to extend the current engagement, the PCM Service Provider should immediately notify OAFA-FM of the personnel’s last day of work. A 60-calendar day notice period (from the date OAFA-FM was notified) is required to prevent disruption of service. If the resigning PCM Service Provider personnel is subject to a bond, then PCM Service Provider must reimburse ADB the full cost of training received by the PCM Service Provider personnel.

32. At any given time, ADB may pre-terminate the services of a PCM Service Provider personnel subject to the provisions of Appendix 1 (Statement of Work), Para. 31.

33. An Exit Clearance Form shall be completed by the PCM Service Provider personnel and submitted to OAFA-FM. The ADB-issued ID and other ADB-furnished resources, if any, shall be surrendered to OAFA-FM on the PCM Service Provider personnel’s last day of work.

L. Replacement of Personnel

34. PCM Service Providers must provide replacement for PCM Service Provider personnel who resigned or did not extend the current engagement.

35. CVs endorsed for PCM Service Provider personnel replacement must be submitted within three (3) working days from date of notification by OAFA-FM. Should the replacement candidates be found inadequate, the position or skillset shall be opened to other qualified PCM Service Providers.

36. For personnel replacements by the same PCM Service Provider, a transition period of at least 15 calendar days is required. During the transition period, ADB will only be charged for one (1) resource only.

37. If the transition period is over and the final replacement of the exiting PCM Service Provider is not yet identified, the transition recipient shall be deemed as the reliever for a maximum of 30 days. If there is still no final replacement after 30 days then the reliever will be identified as the replacement.

38. At any given time, ADB may request the PCM Service Provider to replace any of its personnel if found inadequately performing the services required. ADB shall evaluate and approve the suitability of the proposed replacement personnel.

M. Training and Upskilling

39. ADB’s engagement is based on the existing skills of the PCM Service Provider personnel at the time of assignment. As such, the PCM Service Provider must, maintain full responsibility for the regular upgrading of skills, certification, or refresher training of its personnel to keep them current, to match new and emerging technologies and trends in the building industry, and to adapt to the ADB’s changing building environment, especially as more smart and green technologies are put into use.

40. On an exceptional basis, ADB may decide to send the service provider’s personnel to vendor-initiated product launches, updates, or learning/knowledge sharing events on, but not limited to, in-house built systems. For these circumstances, the PCM Service Provider will not be charged the corresponding fees, if any. However, if the activity exceeds a continuous period of four (4) hours ADB will not pay for the remuneration or services of the personnel on said days.




N. Reporting

41. PCM Service Providers must submit a monthly report containing details of the engagement as prescribed in Attachment 8. Monthly Reports must be sent within thirty (30) days of the following month via email to:

[email protected]

[email protected]

42. ADB may adjust the monthly report based on its requirements at any time. All adjustment(s) to the monthly report shall be communicated to PCM Service Providers for compliance.

O. Transition

43. Should the PCM Service Provider be subjected to non-renewal based on the agreed service levels, the PCM Service Provider shall submit a transition of services plan from which states that the outgoing PCM Service Provider will exercise its best efforts and cooperation to affect an orderly transition without impacting ADB’s operations.

P. Performance Review of PCM Service Providers

44. ADB shall regularly review the performance of the PCM Service Provider in carrying out the services. ADB reserves the right to require the PCM Service Provider, and the latter binds it, to improve the quality of its service.

45. Specific performance benchmarks to which actual performance will be measured against are reflected in the Service Level Agreement (SLA) document (Attachment 10). SLA monitoring is on a monthly basis, as applicable (i.e. in case of project award).

46. In addition to the monthly SLA, the PCM Services and associated SLAs measuring are to be evaluated on an annual basis using the standard performance evaluation reporting form. This is to ascertain service level attainment and co-develop improvements on the service levels, processes, service delivery, etc.


48. Penalties to be imposed are also defined in the agreed SLA.




Attachment 3 – Deliverable-based Service (mode of service)

1. Deliverable-based service is a lump sum performance-based mode of service where the

requirements can be scoped with well-defined outputs, outcomes, or deliverables, and the timeframe is critical and definite.

2. In this mode of service delivery, the PCM Service Provider shall provide the needed personnel, products, equipment, and services to deliver specific outputs based on mutually agreed scope, schedule, deliverables, acceptance criteria, and payment terms. Payments shall only be made upon output(s) acceptance by ADB.

A. PCM Service Provider’s Responsibilities

3. The PCM Service Provider shall be responsible for the performance of the services and delivery of the outputs. The PCM Service Provider shall designate a project manager for the engagement, who shall coordinate with ADB the status of the deliverables and other requirements.

4. The PCM Service Provider shall be responsible for making available the necessary resources for the performance of work, and for ensuring the compatibility of these resources with that of ADB.

B. Sourcing and Engagement

5. TORs will be floated to qualified PCM Service Providers for deliverable-based requirements, for which PCM Service Providers shall submit fixed-price, fixed-term proposals.

6. The TOR will define the scope of deliverable-based services, but in general it is expected to cover design and build services and related project/construction management services. It is expected that the proposal responding to the TOR will include the cost of all necessary supervision, skilled personnel, tools, equipment, testing instruments, transportation, consumable materials, handling and other incidental works and materials, implied or not, that are necessary in the conduct and implementation of the work.

7. Possible requirements under deliverable-based services are reflected in Attachment 9. The PCM Service Provider may seek to clarify, verify, or validate the scope of work and responses shall be communicated to all participating PCM Service Providers.

8. ADB may request for an interview with project manager and key personnel to be deployed for the duration of the engagement.

9. All proposals received shall be evaluated by the User Unit and OAFA-FM. The selected PCM Service Provider will then be issued a Work Order (WO) reflecting the details of the engagement including the place of performance and start and end dates of the assignment.

10. The Evaluation Criteria that will be used to assess PCM Service Provider proposals in response to TOR is detailed in Attachment 12 of Appendix 1-Statement of Work.

C. Mobilization

11. The proposal submitted by the PCM Service Providers to meet the deliverable-based Terms of Reference (TOR) requirements should include an indication of the time requirements for mobilization of resources, reporting requirements, as well as the design and implementation requirements.




12. ADB may request a meeting with any or all responding PCM Service Providers regarding the details of their proposal, including time to mobilize resources.

13. Once the selection of a PCM Service Provider is made, a Work Order (WO) will be issued and the costs during the mobilization period is payable by ADB as management fees.

14. Only claims as agreed upon in the signed WO Contract will be paid. Any WO Contract changes must be agreed upon in advance and addressed through amendment(s).

D. Working Arrangement

15. Work will generally be performed at a combination of the PCM Service Provider’s premises, and ADB premises unless otherwise required by ADB. For on-site work arrangement, submission of items detailed in Appendix 3 (all sections) must be completed.

16. Any changes to the team proposed by the PCM Service Provider must be acknowledged by ADB.

E. Periodic Review and Performance Evaluation

17. ADB shall regularly review the performance of the PCM Service Provider in carrying out the deliverable-based services. ADB reserves the right to require the PCM Service Provider, and the latter binds it, to improve the quality of its service.

18. Specific performance benchmarks to which actual performance will be measured against are reflected in the Service Level Agreement (SLA) document (Attachment 10). Deliverable-based SLA monitoring is on a monthly basis, as applicable (i.e. in case of project award).

19. The deliverable-based SLA monthly scorecard shall be presented to the PCM Service Provider by ADB within 10 days following the end of each review month and shall be discussed, agreed and finalized not later than 15 days following the end of the review month.

20. The deliverable-based services are also to be evaluated on an annual basis. This is to ascertain service level attainment and co-develop improvements on the service levels, processes, service delivery, etc.


22. Penalties to be imposed are also defined in the agreed SLA if performance falls below a defined threshold of performance. Penalties may be applied if the performance of the PCM Service Provider(s) fall below a defined threshold in the PCM Performance Scorecard.

23. In the event that there are appeals in the scoring of the Performance Scorecard wherein further examination and analysis are necessary, ADB shall withhold a pro-rated amount of the management fee pertaining to the item(s) undergoing further review. The rest of the fee and direct reimbursable costs shall be paid to the PCM Service Provider on agreed schedule.




Attachment 4 – ADB Service Locations

1. HQ Compound

The ADB HQ covers an area of 6.5 hectares located in the City of Mandaluyong, Philippines. Inaugurated in May 1991, it covers a total gross floor area of 154,587 square meters. The ADB HQ is one of the first buildings in the area to minimize emergency consumption and reduce impact to the environment. A sustainable building by design, the HQ achieved LEED Gold Certification for Existing Buildings Operations and Maintenance (EB + OM) in 2011. Apart from attaining LEED certification, ADB also achieved two certifications under the ISO specifically ISO 14001: Environmental Management in 2003 and ISO 50001: Energy Management in 2012, which have been successfully renewed regularly.

The HQ is zoned into 4 major segments: (i) Segment A, office tower block, (ii) Segment B, cafeteria and banking facilities, (iii) Segment C, special facilities block and (iv) Segment D, gas station, multi-story carpark and Visitor Registration Centers. Segment A is composed of the office tower block which consists of 9 levels of office floors. This segment also features the ADB Library, ADB Archives and Mothers’ Room. Segment B is composed of the cafeteria that offers over 10 different cuisines and a bakeshop, bank facilities, IT logistics center, printing center, payment centers, courier services and commissary. Segment C or the special facilities block is composed of the auditorium, gymnasium, an executive dining room, fitness center, pharmacy, medical and dental clinic, plant rooms and engineering store rooms. Segment D is composed of a gas station, sewerage treatment plant, a multi-story carpark with a capacity of 300 parking slots and 3 Visitor Registration Centers (ADB Avenue, Bank Drive and Guadix Drive).

A building extension called Third Atrium was added to the HQ in November 2015. After its completion, it was certified LEED Gold under New Construction Category in January 2016. The Third Atrium offers 10 levels of office space and a multi-function hall that can be divided into 3 zones using operable walls. It also makes use of new technology that allows illumination of interior offices while generating solar energy and features two light wells that help reduce energy consumption by allowing natural light to enter from single glazed internal windows.

External facilities include the Main Driveway Fountain, a 2,300 square meter courtyard and a 2,028 square meter west lagoon which feature ponds, fountains, trees and shrubs that are indigenous to the Philippines. These plants reduce heat and minimize ADB’s impact on the microclimate and wildlife.

Ancillary facilities in the ADB HQ include workshop areas, carpentry areas and mechanical fabrication areas.

I. HQ Facility

(i) Air-conditioning System

ADB is serviced by a centralized air-conditioning system. Operation of the chillers is generally continuous due to requirements of the Mainframe Computer, PABX, Operations Center and the water-cooled refrigeration equipment.

(ii) Refrigeration Systems and Food Services Equipment




ADB's kitchen and commissary facilities are equipped with refrigeration system intended for the storage of perishable goods. In addition, the kitchen facility is provided with food preparation and service equipment.

(iii) Power Distribution System (34.5kV/4.16kV/380V/220V)

ADB power system is derived from 2 Meralco independent 34.5 kV utility lines. These are fed to two units 34.5 kV switchgear which in turn power up (a) 5 units double-ended substations thru 3,000 kVA 34.5 kV/380 volt transformers and (b) 1 unit double-ended 4.16 kV switchgear thru 7,500 kVA 34.5 kV/4.16 kV transformers. A separate double-ended 1 unit 4.16 kV switchgear is provided to supply the 5 Trane Centravac Chillers while another 1 unit 4.16 kV switchgear is provided to serve as-common bus for the 6 units 1,000 kVA 4.16 kV emergency generators. For supply to critical loads, a 1unit double-ended substation is provided thru 1,500 kVA 4.16 kV/380 volts transformers.

Coordinated switching actions of the vacuum circuit breakers in the 2 units 34.5 kV and 2 units 4.16 kV switchgears to meet the power supply demands is handled by a GE Programmable Logic Controller. The switching action of the 6 units double-ended substations is handled by their individual automatic transfer controllers.

On the utilization side, power supply is made available thru 5 units Motor Control Centers (MCC), 26 units Motor Starter Panelboards (MSP), 18 units Distribution Panelboards (DP) and 238 units Panelboards. These are located in 75 electrical rooms.

For Uninterruptible Power Supply requirements, the system has 3 units 100 KVA 380/220 volts, 12 units 40kVA 380/220 volts, 8 units 8KVA 220v, 7 units 10 KVA 220 volts, 3 units 7.5 KVA 220 volts, 2 units 3 KVA 220 volts and 6 units 500 VA 220 volts UPSs. Although the servicing and maintenance of the GE UPS's are under a specialized contract, the daily operation of the units is included under the O & M contract. The system also includes, but is not limited to, power factor correction capacitors, circuit protective devices, special lighting dimmer controls, lighting circuits, aircraft warning lights, convenience outlets and lighting fixtures.

(iv) Power Generation System (4.16kV)

ADB is equipped with 6 sets of 1,050 kW 4.16 kV Caterpillar diesel engines and Marathon generators to provide stand-by power to the building complex. These generators are to operate in parallel with the sequential start-up of the units and the switching of the related vacuum circuit breakers being handled automatically by the GE Programmable Logic Controller. Although the servicing and maintenance of the Caterpillar diesel engines and Marathon generators are under a specialized contract, the operation of the units including the operation and maintenance of its accessories such as, but not limited to, the transfer pumps, the fuel supply and return piping, damper controls and starting batteries is under the O & M contract.

(v) Storm Drainage System

ADB maintains equipment and piping reticulation to collect storm or rain water and sub-soil seepages.

(vi) Sewage Treatment Plant

The plant processes the waste water collected from various points in the building to produce effluent that conforms to DENR standards.

(vii) Sewerage System

The waste water from the 165 toilets, kitchens, machine rooms and other areas are discharged to the Sewage Treatment Plant via a network of piping. The system includes,




but is not limited to, the eight (8) units of waste sump pump, related toilet fixtures, grease traps, and kitchen sinks.

(viii) Water Distribution System

ADB stores MWSS water in 3 underground tanks. The water undergoes a combination of filtration and chlorination processes before distribution to various outlets by constant pressure pumping.

(ix) Building Management System

The Building Management System at ADB is composed of 4 different sets of monitoring and control system, namely: 1) Siemens Building—Automation system for monitoring and control of air-conditioning, lighting and facilities; 2) Trane Tracer Summit for monitoring and control of Chillers; 3) Power Measurement for metering of feeders and UPS loads; 4) Victron UPS monitoring and control. The various systems inter-operate where necessary to optimize operation of air-conditioning and other facilities. It also interfaces with the Fire Management System (FMS) to activate the life support safety system. In addition, it monitors generators, circuit breakers and the sewage treatment plant.

(x) Fire Management System

ADB is equipped with Cerberus Fire Management System.

As a complement to the Cerberus Fire Management System the ADB also has a Gamewell Flexalert System for emergency voice communication purposes. In case of emergency, the system could issue voice messages or instructions to staff or sound an alarm. The system is also capable of providing communication between strategically located telephone jacks and the Operations Center.

(xi) Facade Maintenance System

ADB utilizes gondola equipment for facade and windows cleaning. This is a special equipment which requires special training as to its use and servicing.

(xii) Audio-Visual Equipment System

ADB is equipped with audio-visual equipment for the various meetings, seminars and conferences.

(xiii) Fire Protection Facilities

ADB maintains special fire protection systems to protect critical facilities and high-risk areas. The system includes, but is not limited to, the following:

(xiv) Fuel System

ADB maintains fuel systems for use in diesel emergency generator sets and engine-driven fire pump, and LPG fired water heaters and food preparation equipment.

(xv) Ventilation System

ADB ventilation system serves the internal parking, substation, printshop, battery rooms, kitchen, machine rooms, toilets, elevator lobbies and other areas. It serves an important function in the event of fire.

(xvi) Hand Dryers




ADB restrooms/toilets are equipped with hand dryer for sanitary purposes. The equipment includes, but is not limited to wiring, control boards, accessories and power supplies. A total of 168 hand dryers is distributed in various restrooms/toilets.

(xvii) Time System

ADB is equipped with Microquartz 6, Simplex and Lathern LTR4-384 centralized international and local time monitoring and recording systems.

(xviii) Shredding Machines

Documents from various ADB departments, prior to its disposal, are being shredded and baled using three (3) units of paper shredding and baling machines. The operational aspect is being handled by an outside contractor, but the servicing and maintenance fall under the responsibility of the O&M contractor.

(xix) Irrigation System

ADB is equipped with an irrigation system for the maintenance of the landscaping and plants.

(xx) Printshop Equipment

ADB has transformed to a more efficient and cost-effective digital printing solutions. It is equipped—with e-printing facilities to handle voluminous printing requirements. Although most of the equipment are under various service contracts, minor servicing and repair are handled by the O&M contractor. The O&M is now responsible for the updating of preventive and corrective maintenance data in the printing monitoring database.

Coordinates support with various engineers and service providers in the maintenance of the Printing Center as well as ensuring details of compliance to ISO initiatives and programs.

(xxi) Machine Shop

ADB maintains a machine shop for minor fabrication works. Equipment include, but is not limited to the following:

(xxii) Lift/Hauling Facilities

ADB maintains sets of lifting equipment for various servicing purposes.

(xxiii) Fountain and Pools

ADB maintains a water fountain at the main entrance and pools at Central Court and West Lawn.

(xxiv) Electrically-Operated Doors and Gates

ADB maintains nineteen (19) units of electrically operated roll up doors and 14 units of electrically operated gates and eleven (11) sets of manually operated gate boom barriers for effective control of personnel and vehicular traffic especially during emergencies.

II. Clark Facility

(i) ADB maintains a facility in Clark Freeport Zone in Pampanga. Facilities include a double-feed electricity supply, power gen set, water supply and pumping system, fire detection and alarm system, fire suppression system, UPS, electrical distribution system, air conditioning and ventilation system, BMS and audio-visual system.

III. Others

Other allied support facilities and equipment, which may or may not have specialist service contract, either presently installed or future equipment but are necessary to support existing facilities or offices. This equipment includes but are not limited to portable




air conditioning units, window air conditioning units, split type air conditioning units, ventilation equipment, Refrigeration Units monitoring system, air curtains, fuel (gasoline and diesel) dispensing units, audio visual equipment and chlorine generator.




Attachment 5 – Staff Augmentation Terms of Reference

Project and Construction Management Engineering Services

Project / Construction Management

Project / Construction management responsibilities include delivering every project on time within budget and scope. Project managers should have a background in business skills, management, budgeting and analysis.

Project managers are skilled at getting the best out of the people and projects that they oversee. They thrive when planning projects and working with project teams.

Responsibilities

Oversee and direct construction projects from conception to completion

Review the project in-depth to schedule deliverables and estimate costs

Oversee all onsite and offsite constructions to monitor compliance with building and safety regulations

Coordinate and direct construction workers and subcontractors

Select tools, materials and equipment and track inventory

Meet contractual conditions of performance

Review the work progress on daily basis

Prepare internal and external reports pertaining to project status

Plan ahead to prevent problems and resolve any emerging ones

Negotiate terms of agreements, draft contracts and obtain permits and licenses

Analyze, manage and mitigate risks




Ensure quality construction standards and the use of proper construction techniques

Requirements

Proven working experience in construction management

Advanced knowledge of construction management processes, means and methods

Expert knowledge of building products, construction details and relevant rules, regulations and quality standards

Understanding of all facets of the construction process

Familiarity with construction management software packages

Ability to plan and see the “big picture”

Competent in conflict and crisis management

Leadership and human resources management skills

Excellent time and project management skills

BS degree in construction management, architecture, engineering or related field

Excellent English written and verbal communication skills

Solid organizational skills including attention to detail and multi-tasking skills

Strong working knowledge of Microsoft Office

PMP certification is a plus

Project Controller

Project Controller is responsible for working within all stages of project management. Their primary role is to work closely with project managers to ensure that all budgeting, scheduling and coordination processes are on track. They set deadlines and budget




limitations and generate progress reports and make suggestions for improvements to project operations as needed.

Responsibilities

Work with Project/Construction Manager to monitor and evaluate each step of a project to ensure that it is meeting budgetary and deadline goals, as well as ensure compliance with contracts

Identify and mitigate project risk and reduce labor, material, and other project administrative costs

Monitor project progress, and assess staffing needs, schedule changes, project scope adjustments, and any project issues impacting budget.

Track typical project items such as delays, change order management, purchase order management, cost drivers, and other productivity metrics

Conduct analyses of cost and productivity data to provide actionable information

Create and maintain reports addressing all aspects of project development and completion.

Ability to recognize those areas of a project that needs to be addressed in order to maintain efficiency and cost control. Present ideas to project managers and assume




responsibility of implementing and managing these changes in the project management cycle.

Monitor all onsite and offsite constructions to monitor compliance with building and safety regulations

Review the work progress on daily basis

Prepare internal and external reports pertaining to project status

Requirements

Proven working experience in project controls

Knowledge of construction management processes, means and methods

Understanding of productivity drivers, and methods to address when missing

Significant experience operating in a team environment

Ability to take large amounts of data and information and present in concise terms in order to support project execution

BS degree in construction management, engineering or related field


Strong working knowledge of Microsoft Office, Scheduling software, and Budget Management Software

Project Scheduler

Project Scheduler is responsible for managing both time and resources to ensure work is completed on time. The Scheduler creates timetables for the entire project, which includes determining the timing of tasks and when specific materials will be needed.

Responsibilities




Develop, track and analyze project master schedule using project scheduling software, like MS Project, from project initiation, including design, procurement, contracting, construction, and close-out.

Develop and track critical pay, forecast completion dates, areas of risk and opportunity, and status of key milestones

Understand and follow schedule management best practices

Liaise with project manager, architects, engineers, consultants, contractors, and other project personnel on project schedule management to ensure accuracy and completeness of project schedule

Prepare progress reports that include schedule trend (look ahead) and communicate any project issues that could impact the schedule

Assist in the preparation of project schedule status slides for key stakeholder meetings

Develop and track sub-schedules as required and update them into the integrated master schedule, advise project manager on issues requiring judgment

Support project risk analyses

Assist the project manager and project controller with evaluation of project progress and status of critical activities

Record the projects historical schedule information for lessons learned or project completion reports

Requirements

Proven working experience in project scheduling


Capable of producing logic-driven schedules from limited project information including a conceptual schedule from initiation through to close-out; ability to identify major phases through that timeline and determine and discuss dependencies





Strong working knowledge of Microsoft Office and ability to convert data to PowerPoint or Excel graphics

Highly skilled in project management software (Microsoft Project)

BS degree in construction management, engineering or related field


Project QA

Project QA is responsible for establishing the procedures to be implemented to ensure that the design meets quality standards. The Project QA specifies the guidelines for




drawing preparation, revision, approval along with quality standards for the materials proposed in the drawings and specifications.

Responsibilities

Establish design specifications and material guidelines, and the quality management processes, practices that are to be followed by projects

Implement, standardization and measurement of the effectiveness of quality systems and work processes to ensure quality delivery of constructed facility

Prepare inspection reports and proactively review quality test plans and other quality documents for applicability.

Verify that projects have Quality Plan by end of Project Initiation phase.

Perform internal audits to assure conformance to work processes, including those of contractors

Ensure that the required Quality Control procedures are properly implemented and that the constructed facilities comply with the related requirements, codes, and specifications.

Verify the contractors’ implementation of their Project QC plan, identify deficiencies.

Requirements

Proven work experience in project QA




BS degree in Civil Engineering, Construction Management, or related field


Industry certification in Civil/Structural inspection discipline a plus




Project QC

Project QC is responsible for applying the QA processes, ensuring that the supplies meet the qualification criteria and carry out any testing that is required. Project QC is




also responsible for corrective action if construction or material are not as specified or does not meet the required quality standards.

Responsibilities

Monitor construction and perform daily visual inspection of the work done to verify contractor’s work complies with the project specifications and applicable codes.

Technically experienced and capable of comprehending all specification, standards, and code requirements for all disciplines

Prepare inspection reports and proactively review test performed and report any significant findings

Participate in all site inspections and separately document findings of the building inspector

Perform material inspections to verify that all building materials are to specifications and that storage, staging, and material handling methods are as required

Work with the construction team to initiate any required construction ‘Change Request’ are prepared and approved quickly and prior to the field change being done

Identify any construction nonconformance and notify project manager and track the resolution until issue or nonconformance is closed.

Coordinate and schedule offsite equipment or material testing or inspection

Requirements

Proven work experience in project QC









Industry certification in Civil/Structural inspection discipline a plus

Project Safety Engineer

Project Safety Engineer investigate the construction work environment and recommend changes to keep workers from being exposed to sickness or injuries. The Project Safety




Engineer primarily focuses on ensuring that the construction site and construction workers are following established safety and health policies and safety regulations.

Responsibilities

Conduct regular safety meetings

Ensure that Construction Contractor is providing workers regular safety orientations

Conduct regular site safety inspections

Conduct accident/incident investigation and write up ‘After Action Report”

Research safety topics

Conduct safety training as required

Organize and lead project safety committee

Track and identify trends

Track safety equipment distributed to the job site

Requirements

Proven work experience in construction safety






Project Estimator




Project Estimator is responsible for gathering proposals, drawings, specification, and related information and then identify the cost of labor, materials and time requirements and then computing the project cost.

Responsibilities

Understand the project and its requirements

Determine key variables for cost and other estimates

Gather first-hand information from sites, warehouses, or other venues

Conduct research to obtain data on labor costs, materials, production times, etc.

Use software to obtain data on labor costs, materials, production times, etc

Obtain and review offers and quotes by subcontractors or vendors

Perform risk analysis

Create and submit estimate reports or bids to appropriate persons (project managers, clients, bidding competitions, etc.)

Build relationships with key vendors (subcontractors, suppliers, engineers, etc.)

Provide consultation on planning (schedules, manpower needs, etc.)

Requirements

Proven work experience in project estimation

Familiarity with financial and project management principles, processes, and methods

Knowledge of research and data analysis methods and estimation formulas

Proficient in relevant estimation software (Timberline, HCSS HeavyBid, etc.)








Project Coordinator

Project Coordinator is responsible for maintaining and monitoring project plans, project schedules, work hours, budgets and expenditures. Organizing, attending and




participating in stakeholder meetings. Documenting and following up on important actions and other required project tasks.

Responsibilities

Understand the project and its requirements

Maintain and monitor project plans, project schedules, resource work hours, budgets, and expenditures

Organize, attend and participate in stakeholder meetings

Document and follow up on important actions and decisions from meetings

Preparing necessary presentation materials for meetings and prepare and distribute meeting minutes

Track and report on project deadlines and key milestones, to ensure they are met.

Prepare presentation materials for meetings

Provide administrative support as needed

Undertake project tasks as required

Develop project strategies, and ensure tactical implementation plan is carried out.

Ensure project adheres to project management framework and all required documentation is maintained

Assess project risks and issues and provide solutions where applicable

Prepare project management calendar to help track key goas and objectives

Requirements

Proven work experience in project coordination

Familiarity with financial and project management principles, processes, and methods




Knowledge of file management, note taking and other administrative procedures

Significant experience operating both independently and in a team environment

Ability to work on tight deadlines


Bachelor’s degree in business administration or related field


Project Administrator

Project Administrator is responsible for overseeing and performing project administrative functions. These administrative functions may include calling




contractors, making appointments, ordering supplies, doing site visits, and preparing reports.

Responsibilities

Making phone calls, scheduling and coordinating meetings

Taking meeting notes and preparing meeting minutes

Organizing venues

Updating project calendar

Creating PowerPoint presentations and Microsoft Word reports

Tracking project tasks

Performing administrative duties and following instructions

Keeping updates on compliance issues and regulations

Tracking resolution of project issues

Requirements

Proven work experience in project administration or similar role

Knowledge of file management, note taking and other administrative procedures

Significant experience operating both independently and in a team environment

Ability to work on tight deadlines


Bachelor’s degree in business administration or related field








Attachment 6 – Estimated Annual Breakdown of Skills with Number of Personnel




Group/Position

Annual Estimate of

Agency

Personnel

Project / Construction Management 17

Project / Construction Manager 5

Project Controller 1

Project Scheduler 1

Project QA 1

Project QC 3

Project Safety Engineer .5

Project Estimator .5

Project Coordinator 3

Project Administrator 2

[Type here] Asian Development Bank Appendix 1 – Statement of Work IDIQ Contract Services Page 74 of 176


Attachment 7 – Staff Augmentation Skill Level Matrix Table

Skill Level Matrix (Staff Augmentation)

Years of relevant experience specific to the work subject to ADB’s validation upon interview.



Group/Position Associate Senior Lead

Min Max Min Max Min Max

Project / Construction Management

Project / Construction Manager 7 - 10 Years 11 – 15 Years 15 Years +

Project Controller 5 – 8 Years 9 – 12 Years 12 Years +

Project Scheduler 3 – 6 Years 7 – 10 Years 10 Years +

Project QA 2 – 5 Years 6 – 9 Years 10 Years +

Project QC 2 – 5 Years 6 – 9 Years 10 Years +



Project Safety Engineer 5 – 8 Years 9 – 12 Years 12 Years +

Project Estimator 3 – 6 Years 7 – 10 Years 10 Years +

Project Coordinator 2 – 5 Years 6 – 9 Years 10 Years +

Project Administrator 2 – 5 Years 6 – 9 Years 10 Years +




Attachment 8 – Monthly Report for Submission to OAS (refer to PCM only)

DECM Service Provider Monthly Report

DECM Service ProviderReporting Period

SummaryJan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Monthly Percentage Breakdown

List of Service Provider Personnel

# Last Name

123456789

10

Total Amount Billed

ArchitectInterior DesignerAcoustics Designer

[DECM Service Provider Name][Month] [Year]

Number of Personnel Deployed to OAS [Year]

Project QCProject Safety EngineerProject Estimator

Civil EngineerTransportation EngineerWater/Plumbing EngineerWastewater Engineer

Structural Design Engineer

Audiovisual (AV) DesignerSecurity Design EngineerCommercial Kitchen DesignerFoodservice Designer

Project Coordinator

Grand Total

Number

1100011

Sanitation/Public Health EngineerPower Systems Engineer

Engineering Services Total

Project / Construction ManagerProject ControllerProject Scheduler

Low Voltage (LV) Systems DesignerBuilding Automation Systems DesignerGreen Building or Environmental Designer

Design Services Total

Project (Design) ManagerHealth / Fire Safety Engineer

Building Systems Engineer

Project QA

00000

000

4

4

Project / Construction Management Total 19

Project / Construction Management Services

Engineering Services

Design Services

Monthly Breakdown of Skillsets

Landscape Architect or Landscape Designer 0

Project Administrator 1

000000

00

40

00

0

LocationTotal Duration of Deployment (in

days)

Hourly Billing Rate (in PHP)

First Name Position IS Supervisor Start Date End Date

44%

44%

11%

Design Engineering Project Management







Attachment 9 – Deliverable-Based Terms of Reference

1. The PCM Service Provider shall provide design and planning services including architectural and engineering (A and E) design2 and construction management services. These shall cover various activities starting from design to site quality assurance/control and post relocation/realignment verification of as-built plans, to final occupancy including monitoring of testing and commissioning, and work in the defects and liability period.

2. It should be noted that Services for a Project can be organized as entirely deliverable-based or a combination of deliverable-based and staff augmentation. Additionally, ADB can decide to use a combination of service providers.

A. Personnel

3. The PCM Service Provider shall be responsible for ensuring that the staff deployed have the correct and valid qualifications, accreditations, certifications, training and experience for the services. The skills matrix and rate table under the Contract apply.

4. The PCM Service Provider shall hire, deploy, train and retain the adequate number of personnel at all times including times when personnel are unable to provide services due to sickness, holiday or any absence. Minimum training requirements are those that are required by the ISO Secretariat and local regulations.

5. In the event that any or all of the IFM Team key personnel needs to be changed because of reasons other than voluntary resignation or termination because of due cause, the PCM Service Provider shall not replace or reassign the position without getting prior written approval from ADB. PCM Service Provider shall assign an interim key personnel to lead and manage during vacancy and shall deploy an appropriate replacement within 30 calendar days upon vacancy.

6. ADB reserves the right to request in good faith that the PCM Service Provider remove or replace any personnel of the IFM Team for any reason that does not violate the law.

7. The PCM Service Provider shall designate the official representative(s) from the local head office and regional head office (if applicable) whose responsibility is to be the primary points of contact of this Contract. The official representatives shall: (i) bear overall responsibility for managing and supervising the performance of the PCM Service Provider to execute the services and (ii) to sign and act for and on behalf of the PCM Service Provider.

8. The PCM Service Provider shall designate the official representative(s) from the local head office and regional head office (if applicable) whose responsibility is to be the primary points of contact of this agreement. The official representatives shall: (i) bear overall responsibility for managing the performance of the PCM Service Provider to execute the services and (ii) to sign and act for and on behalf of the PCM Service Provider.

9. Minimum qualifications and experience for key personnel are provided in Attachment 5 and Attachment 7, of APPENDIX 1. ADB has the right to assess the standard technical requirements for staff that will be deployed to ADB.

10. In the event that the PCM Service Provider and its sub-contractors require overtime works due to circumstances outside of their planned program, a prior approval signed by the Unit Head, OAFA-FM or authorized representative(s) must be secured. Costs for overtime works must already be incorporated in the proposal for the project. The PCM Service Provider must secure an authorization permit duly signed by an ADB authorized representative. After rendering the work, the Contractor personnel must secure the

2Includes but not limited to architecture, civil, structural, electrical, mechanical, instrumentation, working/shop drawings, 3D presentations, etc.




approval of the duly authorized ADB representative to confirm that said work was done. Failure to comply shall be grounds for non-payment of the service rendered.

B. General Management

11. Documentation. Maintain an organized filing system of project documents, logs, records and reports, correspondences including preparation of office concept layout, provide technical support to Unit Head, OAFA-FM or his authorized representatives related to RM and FO activities.

12. Accountability. The Contractor must ensure that all ADB-owned equipment issued and/or loaned to the Contractor is in good condition. The Contractor is responsible and accountable for ADB-owned materials, tools and equipment once issued to or used by their staff and personnel including any damage arising from the carelessness of its workmen. In case of loss or theft, the Contractor must report this immediately to the ADB shift engineer’s office and security. In addition, an incident report must be prepared and submitted the following day. The Contractor will be held liable and will replace the lost items with the same or higher specifications.

13. Safety and Security. The PCM Service Provider shall be responsible to ADB for the acts and omissions of all his employees, subcontractors and other persons performing any of the works under this Contract.

14. The PCM Service Provider shall ensure that its personnel behave according to generally acceptable standards in performing the Services and require its personnel to comply with ADB’s safety and security regulations on the movement and conduct of persons on ADB premises. The PCM Service Provider shall also ensure that its personnel understand and adhere to ADB’s Standards of Conduct for Contractors (see Conditions of Contract).

15. Any Contractor’s personnel who commit an offense on ADB premises (includes but not limited to theft/pilferage, damage/disruption, drunkenness/alcoholism, using prohibited drugs, gambling, commits violence, possession of firearms or other deadly weapons) will be immediately removed, refused admittance to ADB premises and/or surrendered to local law enforcement authorities. The Contractor recognizes the authority of OAS, either through ADB Security Unit or supervising unit, to summon Contractor’s personnel for investigation.

16. The PCM Service Provider shall also include as part of their works, the installation of all necessary screens for visual barrier, safety signs, ADB standard notice boards and other similar protective devices on the work areas and corridors during the work. For works inside the building or any enclosed space, an independent exhaust fan with a 300 mm diameter extraction tube will be installed and discharged to the nearest operable window during the construction activities. This exhaust fan will be continuously operated until 5:30 A.M. to prevent untoward smell and dust in the area and must be returned properly to the ADB-assigned storage room.

17. Fire Precautions. All hot works shall be carried out off-site at ADB designated area.3 Where hot work with an open flame is absolutely necessary on-site, there must be a prior arrangement with the Shift Engineering Office and adequate number of fire extinguishers must always be present on-site. In addition, the Contractor’s Mechanical Project Engineer must personally supervise the hot. All on-site hot works shall only be executed after 6:00 P.M. on a weekday.

18. For cases when the automatic fire sprinkler system has been isolated during the hot works activity, the Contractor must provide an adequate number of fire extinguishers and a fire-watch at all times.

3 Hot works must be carried out a far as possible from the ADB gasoline station and parking areas.




19. The PCM Service Provider is required to refill the automatic fire sprinkler system with water after each day of work regardless of whatever circumstances. The sprinkler system must be returned to normal operation status to protect the premises.

20. Quality Control and Assurance. Execute all works in the best thorough manner under the direct supervision of a qualified architect or engineer who has the technical expertise to undertake the project. All services performed by the Contractor must be free from defects on material and workmanship.

21. ADB has the right to reject any work done without ADB approval, evaluated as unsatisfactory and/or non-complying to ADB standards. The Contractor will shoulder all the cost for labor, materials and parts of any re-work arising from this.

22. Housekeeping. Conduct regular housekeeping of office areas, work areas, ancillary facilities, mechanical shop near the loading dock, ADB-assigned storage rooms and other areas where work is being done or has been done. A substantial amount of work is in the offices therefore, extensive housekeeping should be undertaken particularly to surrounding areas. This will ensure that the work will not interfere with the office daily operations and affect the ventilation system caused by dust and fumes.

23. The PCM Service Provider shall remove all temporary works, debris and excess materials from the site every day until project completion. The Contractor will also clean all surface, remove stains, dry-out the new works necessary and leave the work area clean and to the reasonable satisfaction of ADB.

24. Pest Control. The PCM Service Provider shall closely coordinate with ADB’s service provider for pest control on the treatment of lumber prior to installation inside the building. Further, the Contractor is required to provide a sealed protective covering to all open windows and doors during the work to ensure that mosquitoes, cockroaches, etc. will not enter these openings.

25. Excess Materials. The PCM Service Provider shall document any excess new construction materials assigned to the project and properly turnover these materials to ADB engineering store or other location within the headquarters upon ADB approval.

26. Reusable Assets, Recyclable Wastes and Construction Debris. Haul and dispose construction debris as a result of AIS activities at the expense of the Contractor. This must also be checked by ADB representative prior to hauling. Reusable assets from previous and current projects must be documented and properly accounted for. Recyclable wastes on the other hand will be listed and submitted to ADB for proper disposal by ADB’s accredited contractor through the Asset Management and Commercial Services Unit (OAFA–AC) of OAS.

C. Project Lifecycle

27. Provision of services shall cover the six (6) phases of the project cycle. The phases of the project cycle that ADB uses are:

1. Initiation

2. Analysis

3. Design

4. Contracting

5. Implementation

6. Close-Out

28. The Project Initiation Phase is the 1st phase in the Project Management Life Cycle, as it involves starting up a new project. ADB will manage this phase and produce the Project Initiation Document (PID) or Project Brief that defines project objectives, scope, purpose




and deliverables to be produced. The PID (or Brief) will also include any relevant site details and existing infrastructure, services, and any technical and financial constraints.

D. Post-Construction (within 2-4 weeks after handover)

29. The Project Close-out Phase is the 6th and final phase in the Project Management Life Cycle and involves handing over the deliverables including the built as well as documentation of the “as built” to ADB. It also includes releasing contractor and subcontractor personnel and equipment. During this time, it is expected that the punch-list of items will be completed.

PROJECT / CONSTRUCTION MANAGEMENT SERVICES 30. On a case by case basis, OAS will decide where in the Project Life Cycle to start Project

Management services. And in the case of PCM Service Provider that offers both DE and PCM Services, the decision might be taken to use the same provider for both DE and PCM services.

31. ADB retains the right to split contracting between two different PCM Service Providers. Where one would provide DE service, and another provide the PCM service. Additionally, ADB may also opt to have PCM services provided by the company contracted for the build out.

32. The primary duties of a Project/Construction Manager are:

i. Review the Design Specifications and understand the objective and scope of the project;

ii. Schedule the project in logical steps and budget time required to meet deadlines;

iii. Determine labor requirement and dispatch workers to construction site; and

iv. Inspect and review quality of project works;

v. Monitor project works and ensure compliance with building and safety codes and other regulations.

E. Construction

33. The Project Construction Phase is the 5th phase and has been described previously in Clause 13 of the DE Services. The responsibilities of the role under PCM Services overseeing construction are different that those overseeing DE Services.

34. Upon approval of the detailed design and Construction Documents, the PCM Service Provider shall under take the management of the fit-out and commissioning work and besides the traditional PM/CM roles described in Clause 20 i-v, the following should also be considered:

i. Coordination with other interested stakeholders such as IT, Security, and other service providers;

ii. Construction documentation, including preparation of final plans such as construction plans, layouts, furniture, finish, equipment, power supplies, telephone & communication plans, reflected ceiling & HVAC plans, fire services plans, etc.,

iii. Assist in final authority approval where required

F. Performance and Monitoring

35. The PCM Service Provider shall monitor and record progress of the project through provision of the following:




i. Detailed construction schedule showing daily manpower requirement and critical tools/equipment that needs to be purchased or rented from external sources on a short-term basis.

ii. Quality control and assurance;

iii. Weekly project reporting and photo documentation

iv. Project schedule updates showing the planned vs. actual implementation schedule including manpower deployment;

v. Validation of cost variation arising from ADB approved plans, site instruction or site constraints;

vi. Submission of test results and warranties;

vii. Preparation of punchlists; and

viii. Monitoring of compliance to international building design standards including best practices aligned with ADB’s best practices; Environment, Energy, Health and Safety Management Systems (E2HSMS - ISO 14001, ISO 50001, OHSAS 18001; LEED Gold requirements); security procedures in construction and building and grounds maintenance operations. monitoring of new construction materials, reusable assets, recyclable materials and construction debris including manpower deployment

G. Post-Construction (within 2-4 weeks after handover)

36. The Project Close-out Phase is the 6th and final phase in the Project Management Life Cycle and is as described previously in Clause 16 of the DE Services Section.

37. The PCM Service Provider shall under take the management of the fit-out and commissioning work and besides the traditional PM/CM roles described in Clause 20 i-v, the following should also be considered:

i. Completion of punch-list items

ii. Submission of project turnover documents to contain the following:

� testing and commissioning results; � joint inspection with ADB or its duly authorized representatives and

signed project acceptance certificate;

iii. Check billing statements based on actual manpower cost and project turnover documents listed in items (i and ii) above; and

iv. Preparation and submission of project close-out report

v. Update and monitor online database (Archibus) for space and asset management is updated based on AIS projects




Attachment 10 – Service Level Agreement (SLA)

I. Service Level Agreements (SLA) – Staff Augmentation During the first three (3) months of engagement, only the PCM Service Provider’s compliance shall be monitored, without imposition of any penalties. On the 4th month, ADB will continue monitoring the performance of the PCM Service Providers and appropriate penalties shall be strictly applied.

The first year-end performance score of the PCM Service Providers shall be computed on an average starting from the 1st until the 12th month of the first year of engagement.

A. Pre-Engagement

Service Level Items ADB Threshold CV Referral. PCM Service Provider must meet the weekly minimum response rate (referral of unique CVs) of 50% of OAS requirements, based on skillset(s) committed during contract engagement.

2

Candidate Availability. All candidates whose CVs were endorsed to ADB must be available for interview within 5 working days from date of endorsement.

2

Interview Schedule. All interview schedules confirmed by PCM Service Provider shall be strictly observed and will be considered final unless cancelled or rescheduled by ADB.

4

Onboarding Timeliness. All engagement start dates communicated by the PCM Service Providers through email are final and must not be pushed back.

2

CV Accuracy. All CVs submitted are deemed true, accurate, and reflective of the candidate’s skills and level of expertise.

2

CV Suitability. All CVs endorsed to ADB must have been reviewed by the PCM Service Provider to match the Terms of Reference or requirement of the position.

2

B. Engagement

Service Level Items ADB Threshold Invoicing. All invoices from PCM Service Provider must be accurate, must have correct computations, are consistent with the confirmed time report, with complete computations, are consistent with the confirmed time repot, with complete supporting documentation (i.e. EPMS, OT Forms, etc.) and must be submitted within 30 calendar days after the month when the services were rendered.

2

Engagement Period. Onboard personnel must complete the contract engagement period, unless pre-terminated by ADB on specified grounds. A sixty (60) calendar day notice shall be imposed for PCM Service Provider or personnel-initiated pre-termination or non-extension, unless ADB agrees to a shorter period.

1

CV Endorsement for Replacement Personnel. PCM Service Provider must provide CVs of possible replacement within 3 working days from the date of advice of a personnel’s termination/resignation

1

SPOC Responsiveness. PCM Service Provider’s SPOC or onsite representative must respond within the next business day to all issues and concern raised by ADB.

1

Monthly Reporting. PCM Service Provider must submit the prescribed monthly report within 30 days of the following month via email to:

• [email protected] 1




• [email protected] Compliance. PCM Service Provider and their personnel must comply with ADB’s Guidelines for Accredited Agencies, Safety and Security Procedures for Contractors, and ISO/EHSMS Best Practices.

10

Time Record Entries. The PCM Service Provider must ensure the completeness of the daily time entries of their personnel in ADB’s official time recording system

10

Rate Distribution. PCM Service Provider must observe the 70-30 rate distribution. PCM Service Provider personnel who are rendering services in ADB must receive at least 70% of the rate paid by ADB.

1

C. Performance Targets

Monthly Performance Target. PCM Service Provider must have at least 70% monthly performance rating.

Consecutive Monthly Performance. PCM Service Provider must not have three (3) consecutive ratings below 70%.

Yearly Performance Target. PCM Service Provider must have a year-end rating of at least 70%.

D. Penalties

SLA Objective Penalty Onboarding Timeliness. All engagement start dates communicated by the PCM Service Providers through email are final and must not be pushed back.

Deduction of half day payment for each day of delay (Original Start date – Moved Start date) from the first monthly billing of the concerned resource. Ex: Original Start Date: 13 April 2019 Actual Start Date: 16 April 2019 Total Days Delayed: 4 days Deduction: 4 x ______ of concerned resource on the first monthly billing where the resource is included.

Engagement Period. Onboard personnel must complete the contract engagement period, unless pre-terminated by ADB on specified grounds. A sixty (60) calendar day notice shall be imposed for PCM Service Provider or personnel-initiated pre-termination or non-extension, unless ADB agrees to a shorter period.

Rebate of one month (22 days) of personnel cost. If the resigning personnel is subjected to a bond: Full Cost of

Training

SPOC Responsiveness. PCM Service Provider’s SPOC or onsite representative must respond within the next business day to all issues and concern raised by ADB.

1% deduction from total monthly amount payable to Service Provider or USD1,000, which ever is lower.

Monthly Reporting. PCM Service Provider must submit the prescribed monthly report within 30 days of the following month via email to:

• [email protected] • [email protected]

1% deduction from total monthly amount payable to Service Provider or USD1,000, whichever is lower (for every late or non-submission)




Compliance. PCM Service Provider and their personnel must comply with ADB’s Guidelines for Accredited Agencies, Safety and Security Procedures for Contractors, and ISO/EHSMS Best Practices.

1% deduction from total monthly amount payable to Service Provider or USD1,000, whichever is lower (for every 10 occurrences on a monthly basis)

Rate Distribution. PCM Service Provider must observe the 70-30 rate distribution. PCM Service Provider personnel who are rendering services in ADB must receive at least 70% of the rate paid by ADB.

1st Offense: Written Warning and will be allowed to fix distribution (with retroactive effectivity) 2nd Offense: Deduction of 1-month bill rate x no. of PCM Service Provider personnel involved from the total monthly billing; cooling off period will be voided for the personnel involved. 3rd Offense: Deduction of 3 months bill rate x no. of PCM Service Provider personnel involved from the total monthly billing; cooling off period will be voided for the personnel involved. 4th and succeeding offenses: Non-floating of requirements (TOR) for 6 months or pre-termination of contract, upon ADB’s discretion; cooling off period will be voided for all PCM Service Provider personnel. Offenses are counted on a per PCM Service Provider personnel engagement period basis.

Monthly Performance Target. PCM Service Provider must have at least 70% monthly performance rating.

1st Offense: Written Warning; 2nd and 3rd Offenses not falling under the monthly consecutive performance: 0.5% deduction from the current total monthly billing of the PCM Service Provider. 4th and succeeding offenses not falling under the monthly consecutive performance: 0.5% deduction from the current total monthly billing of the PCM Service Provider, and ADB has the option to pre-terminate the contract and cooling off period will be voided for all PCM Service Provider personnel

Consecutive Monthly Performance. PCM Service Provider must not have three (3) consecutive ratings below 70%.

1st Offense: 3% deduction from the current total monthly billing of the PCM Service Provider. 2nd Offense: 5% deduction from the current total monthly billing of the PCM Service Provider and ADB has the option to pre-terminate the contract; cooling off period will be voided for all PCM Service Provider personnel Note: Months from first offense can be included in computing for second offense. Offenses are counted on a yearly basis. Ex. 1

On the month of May ADB will impose a 3% deduction from the total monthly billing of the PCM Service Provider. For the month of Nov a 5% deduction shall be applied to the total monthly billing of the PCM Service Provider and ADB shall have the option to terminate the contract.




Ex. 2

On the month of May ADB will impose a 3% deduction from the total monthly billing of the PCM Service Provider. For the month of Jun a 5% deduction shall be applied to the total monthly billing of the PCM Service Provider and ADB shall have the option to terminate the contract.

Yearly Performance Target. PCM Service Provider must have a year-end rating of at least 70%.

1st Offense: 5% deduction from the current total monthly billing of the PCM Service Provider. 2nd Offense: 8% deduction from the current total monthly billing of the PCM Service Provider. 3rd Offense: Non-renewal of contract and cooling off period will be voided for all PCM Service Provider personnel. Ex.

On the first month (Jan) of 2016, there will be a 5% deduction from the total monthly billing of the PCM Service Provider. On the first month of 2018 there will be an 8% deduction. And there will be non-renewal of contract for year 2019.

E. PCM Service Provider Personnel Satisfaction Survey

This is an internal document that will be accomplished by the ADB supervisor of the PCM

Service Provider personnel thirty (30) days prior to the end of the current engagement of the

PCM Service Provider personnel. Rating Legend Very Satisfied Work performed exceeds the standards required for the position. 4

Satisfied Work performed consistently meets the standards required for the position. 3

Somewhat Dissatisfied Work performed is inconsistent and sometimes below the standards required for the position. Effort is needed to improve performance.

2

Dissatisfied Work performed is below the standards required for the position. 1

Application of Technical Knowledge and Skill

Demonstrates a high level of technical competence in job area Ensures that work delivered is accurate, of high quality, and timely




Achieving Results and Problem Solving

Plans and organizes work effectively Handles and resolves problem effectively

Working Together

Develops collaborative relationships with superiors and peers Demonstrates adaptability and willingness to access new responsibilities

Innovation and Change

Shows initiative and pro-activeness Seeks to continually improve process and work methods

Personnel Conduct and Demeanor

Demonstrates punctuality and diligence in attendance Demonstrates integrity and good work ethics in the best interest of ADB

II. Service Level Agreements (SLA) – Deliverable-based Services Note: Indicators and ratings may still vary. Performance scorecard will be further developed and finalized to ensure it is the same as the SLA for other deliverable-based services

(Name of Project) Deliverable-based Service

FOR THE MONTH OF _________________

#

Objective Indicator Rating*

Result Score 15 points

10 points

5 points

0 points

Quality of Service Delivery

1 Concept Design

% submission of deliverables within the

agreed timeframe >97% 96-90% 80%-89% <80%

% submission of error-free final deliverables >97% 96-90%

80%-89% <80%

2 Design Development

% submission of deliverables within the


% submission of error-free final deliverables >97% 96-90%

80%-89% <80%

3 Fit-Out Construction

% of project completed within the


Number of requests with repeated works

due to poor workmanship or 0 1-2 2-5 >5




failure to follow best practice

FINANCIAL

4 Sustainable Cost Reduction

% savings in annualized cost >3% 1%-3% 0-1% 0%

5 Financial Management

% of invoices submitted on-time >97%

96%-80%

79-75% <75%

6 % of invoices returned <5% 6%-10%

11-15% >15%

MANAGEMENT

7 Communication and Support

Number of times IFM top management

failed to show up in required meetings 0 1-2 3-5 >5

8 Reporting

Timely submission of error-free reports,

measured in number of days delay 0 1-5 6-10 >10

9 Documentation

Accuracy and availability of

documents, logs, reports, records

including maintenance records, operational and service histories,

and inventory of materials

>97% 96%-90%

80%-89%

<80%

MISCELLANEOUS

10 Effective use of ADB Resources

Number of incidents of misuse or wastage of

bank resources including facilities,

energy, water or other materials issued to

contractor <2 3-5 6-10 >10

11 Appearance & Conduct of Staff

Number of incidents of improper appearance

and conduct (staff wearing proper, fitted

uniforms, no oversized, short or torn clothes. Staff

behave professionally and adhere to ADB workplace policies) <2 3-5 6-10 >10

12

Provision of hardware / software equipment

Number of incidents of staff unequipped with tools appropriate for

their function <2 3-5 6-10 >10

E2HSMS

13

No. of Corrective Actions Requests issued

CARs issued for failure of follow ADB E2HSMS procedures 0-2 3-5 6-10 >10

14 Near Misses

No. of near misses of ADB or Contractor

staff 0-1 2-5 6-10 >10




15

Compliance to Legal Requirements

Compliance to legal requirement on waste

management and safety >97%

96%-90%

80%-89% <80%

SCORE

TOTAL SCORE 225

% SCORE




Technical Evaluation Criteria for the Qualification of PCM

Support, Services, and Solutions

Providers




Attachment 11 – Technical Evaluation Criteria

TECHNICAL EVALUATION CRITERIA

1. The following Mandatory Minimum Requirements must be met by the Prequalifying Applicants. Each criterion will be scored on a pass or fail approach. In the event firms do not meet one of the requirements, they will not qualify.

2. Indicative procedure provided could be changed depending on the actual requirement per project.

Organizational Capacity 3. Years of operation. The company should have at least 5 years of operation in any ADB

Member Country (see Appendix 12) providing PCM services and solutions such as, but not limited to, demonstration of experience and existing policies for management of outsourced services (staff augmentation) and turn key projects (deliverable-based). Documentation to include:

• Policies and procedures that outline professional recruitment processes;

• Policies and procedures that outline performance management;

• Service Delivery methodology and

• Quality management methodology, etc.

4. Management Structure. The company should have a management structure composed of regular staff for each of the following functions (or its equivalent, as job titles in the firm maybe different): (i) Sales Manager and/or Account Manager (who will be the single point of contact for ADB related matters); (ii) HR Manager; and (iii) Finance Manager.

5. Internal Programs. The company should have existing documented staff development or training programs for personnel that are deployed to client organizations.

6. Company Certification. To provide deliverable-based services, need to have at least one industry-recognized certification such as ISO 9000 / 9001, or GBCI or other equivalent certifications that are relevant to the required serves to be provided. To provide staff augmentation services must show have staff who are registered CPBDs or PEs, as well as, PMP, CCM, CPC, GBCI, or equivalent certifications.

7. Financial Certification. The company should have sound financial and credit position based on Net Financial Contracting Capacity (NFCC)4. Along with companies’ sub-contractors, if any, have no pending litigations that represent more than fifty percent (50%) of its net worth. Table 1 and 2 below can be used to provide financial certification.

Table 1. Financials

Criteria Amount

Net Financial Contracting Capacity (NFCC)5

4 NFCC calculated based on the following formula: NFCC=[(current assets minus current liabilities) x (K)]-[value of all outstanding projects under ongoing contracts, including awarded contracts yet to be started], where K=10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years.




Average annual turnover. Calculated as total certified payments received for contracts in progress or completed for the past three (3) years:

If applicable, average annual turnover, calculated as total certified payments received for contracts in progress or completed for the past 3 year in ADB Member Country.

Table 2. Pending Litigation

Indicate pending labor disputes involving company and/or subcontractors that reached arbitration/conciliation/settlement proceeding up to the level of:

ü Court or Agency Number of Disputes

Decision

Department of Labor and Employment

Regional Trial Court

Supreme Court

Other Related Agencies

Note: List any other legal disputes in which company is involved, indicating:

i. Briefly the nature of the dispute;

ii. Company’s role in the dispute; and

iii. Amount involved.

8. International companies must have either a local representative office in Manila or an association with a local PCM Services company which should be declared through the submission of appropriate evidences. Company must also have an English-speaking representative in Manila.

9. For international companies associated with a local firm, the qualifications and experience of all firms will be considered as a single Applicant.

10. No single client of the company should account for more than one-third (1/3) of the previous financial year’s sales turnover. Should a single client represent more than 1/3 of sales turnover, ADB reserves the right to limit the amount of work assigned to the company.

Technical Competence 11. Similar Contract(s) or Engagement(s). Excluding ADB engagement(s), the company should

have proof of other contracts for the provision of PCM services relevant to the requirements of ADB. The contract must be with any of the following:

i. top 500 corporation worldwide, in the Philippines, or in other countries (based on a published list by a reputable organization such as Forbes, Fortune, Time, etc.); or

ii. Public Sector organization.

12. The contract must be ongoing or within the past three (3) years from target contract engagement. Please use Table 3 below to provide client contract information.




13. Proof of at least one (1) other contract is required for staff augmentation services while proof of at least three (3) other contracts from different firms is required for deliverable-based services. Should the service provider wish to provide service for both staff augmentation and deliverable-based services separate documentations for each service must be provided.

14. Past performance of services at ADB (if applicable) or on ADB funded projects (if applicable) will be taken into consideration as part of the Application evaluation.

15. As per Section B. Sourcing and Engagement of Attachment 3 (Deliverable-based Service (mode of service), Appendix 1 - Statement of Work), TORs will be floated to qualified PCM Service Providers for deliverable-based requirements, for which PCM Service Providers shall submit fixed-price, fixed-term proposals.

16. The following contains the criteria that OAFA-FM shall use to evaluate PCM Service Provider proposals submitted in response to TOR for Deliverable-based Services.

17. The Evaluation Criteria will be assessed based on importance score weighting. The importance score weighting is as follows:

Weighting Weighting Criteria

1 Minimum Benefit

2 Of benefit, will add some value to contract

3 High Benefit value to contract

4 Superior level of performance required

5 Absolutely required, critical to contract performance

18. The PCM Service Provider shall provide all the information requested in the TOR.

19. The following contains the criteria that OAS shall use to evaluate proposals submitted in response to a Deliverable-based request:

Evaluation Criteria Criteria Description Importance

i. Professional Competence

Applicant shall provide details of previous experience doing similar project(s). If design or engineering, this should be specific examples of designs.

5

ii. Key Personnel Applicant shall provide details of the proposed personnel and their skills and experience records;

4

iii. Key Tools Applicant software tools, and/or equipment with associated specifications

2

iv. Engagement Organization

Provide flow-chart showing lines of authorities, key personnel assigned for the specific tasks, number of supervisory personal and support staff.

3

v. Method Statement

Detail approach proposed for contract implementation, key activities considered to be necessary to achieve the contract objectives, including quality plan.

5

vi. Mobilization Schedule

Detail the proposed resources and when would be available.

4

20. The scoring shall be in accordance with the following table:

Score Score Definition 0 Not acceptable, has not met any reasonable criteria

1-4 Has only met some minimum requirement and may not be acceptable




5-9 Acceptable 10 Acceptable, has exceeded all requirements

21. The maximum score (5*10+4*10+2*10+3*10+5*10+4*10) is 230 and passing score is 161 (70%).

Asian Development Bank Appendix 1 – Statement of Work IDIQ Contract Services Page 96 of 176


Table 3. Client Contracts

# Client Name Client Contact Details

Name, telephone / mobile, and email

Type of Services Indicate nature of service(s) provided

Start Date of Engagement / Contract

Date and year

Status Indicate if Ongoing or end date of

Contract Staff Augmentation

1

2

3

Deliverable-based Services

1

2

3

4



Additional Technical Competence 22. Additional technical competence is required for some of the planned projects over the next

few years, and therefore the firms applying for qualification as a PCM Service Provider are desired to have additional technical competence. Each criterion will be given an importance scoring and then an assessment scoring of Applicant information. This scoring of additional technical competence will only be done for firms that meet the mandatory criteria.

23. The Additional Technical Competence will be assessed based on importance score weighting. The importance score weighting is as follows:

Table 4. Importance Weighting Criteria


1 Minimum Benefit





24. The information provided by the Companies will be assessed and scoring shall be in accordance with the following table:

Table 5. Evaluation Criteria Scoring

Score Score Definition 0 Not acceptable, has not met any reasonable criteria

1-4 Has only met some minimum requirement and may not be acceptable 5-9 Acceptable 10 Acceptable, has exceeded all requirements

25. Companies are to provide the following information to better understand firm’s methodologies, workpans, and specializations.

Table 6. Additional Technical Criteria

Evaluation Criteria Importance Score Weighting

1. Sustainability: Kindly present your Company’s experience in implementing the following management systems:

i. Health and Safety; ii. ISO 14001; iii. OHSAS 18001; iv. ISO 50001; v. LEED-certification; and vi. IFC certification(s)

Copies of the certification and corresponding validity are to be attached.

3

2. Innovation: Kindly present your Company’s: 5



i. Demonstrations of innovative measures implemented in design, energy efficiency, health and safety, environmental, construction management, etc.

ii. Plans to innovate for ADB.

3. Specialty PCM: Kindly present your Company’s unique areas of expertise.

i. Demonstrations of design or engineering projects in specialized areas, etc.

ii. How does the specialization make your Company stand out from competitors?

4

26. The maximum score (3*10+5*10+4*10) is 120 and passing score is 84 (70%).

Areas of Competence for Staff Augmentation 1. Company must indicate which area(s) of expertise they can provide PCM services and the

current number of personnel they have in that area(s).

Table 7. Areas of Competence for Staff Augmentation

ü Area(s) of expertise

Group/Position Indicate

Number of Personnel

Project / Construction Management Project / Construction Manager Project Controller Project Scheduler Project QA Project QC Project Safety Engineer Project Estimator Project Coordinator Project Administrator

NOTE: Other expertise/competence that the company can support/provide but which are not in the checklist can be reflected/added in a separate sheet

2. Company must provide rates for the areas of expertise that they indicate they can provide. Those rates should be provided in the format of Appendix 7, Table 1.

Areas of Competence for Deliverable-Based Services 3. Company must indicate which area(s) of expertise they can provide services and the current

number of personnel they have in that area(s).

Table 8. Areas of Competence for Deliverable-based Services

ü Area(s) of expertise

Area Group/Position Indicate

Number of Personnel



Project/ Construction Management Service Provider

Construction Management Demolition Structural Carpentry HVAC Ductwork Electrical Plumbing Performance-Monitoring Post-Construction

4. Company must provide rates for the areas of expertise that they indicate they can provide. Those rates should be provided in the format of Appendix 7, Table 2.



Attachment 12 – Deliverable-based Evaluation Criteria

This attachment describes how the qualified firm receiving a retainer contract for supplying deliverable-based services will have their deliverable-based service proposals assessed under said retainer contract.

TECHNICAL EVALUATION 1. As per Section B. Sourcing and Engagement of Attachment 3 (Deliverable-based Service

(mode of service), Appendix 1 - Statement of Work), TORs will be floated to qualified PCM Service Providers for deliverable-based requirements, for which PCM Service Providers shall submit fixed-price, fixed-term proposals.

2. The following contains the criteria that OAFA-FM shall use to evaluate PCM Service Provider proposals submitted in response to TOR for Deliverable-based Services.

3. The Evaluation Criteria will be assessed based on importance score weighting. The importance score weighting is as follows:


1 Minimum Benefit





4. The PCM Service Provider shall provide all the information requested in the TOR.

5. The following contains the criteria that OAS shall use to evaluate proposals submitted in response to a Deliverable-based request:

Evaluation Criteria Criteria Description Importance

i. Professional Competence

Applicant shall provide details of previous experience doing similar project(s). If design or engineering, this should be specific examples of designs.

5

ii. Key Personnel Applicant shall provide details of the proposed personnel and their skills and experience records;

4

iii. Key Tools Applicant software tools, and/or equipment with associated specifications 2

iv. Engagement Organization

Provide flow-chart showing lines of authorities, key personnel assigned for the specific tasks, number of supervisory personal and support staff.

3

v. Method Statement

Detail approach proposed for contract implementation, key activities considered to be necessary to achieve the contract objectives, including quality plan.

5

vi. Mobilization Schedule

Detail the proposed resources and when would be available. 4

6. The scoring shall be in accordance with the following table:

Score Score Definition



0 Not acceptable, has not met any reasonable criteria 1-4 Has only met some minimum requirement and may not be acceptable 5-9 Acceptable 10 Acceptable, has exceeded all requirements

7. The maximum score (5*10+4*10+2*10+3*10+5*10+4*10) is 230 and passing score is 161 (70%).

PRICE PROPOSAL EVALUATION 8. The financial evaluation of the price proposals will only be done on those retainer firms that

have passing score on the technical evaluation of their deliverable-based services proposal.

9. For qualified companies bidding on Project / Construction Management, their pricing should be in line with the rates table under the retainer contract or provide an explanation why that rate table does not apply.

10. To determine the “price score,” the lowest evaluated Price Proposal rate X will automatically score 100 points for the price component evaluation. Other Retainer proposals with Financial rate Y will be assigned a price proposal score = 100*(X/Y).

11. The final ranking shall be determined by combining the Technical and Price scores, applying a Technical:Price Ratio of 70:30.

Asian Development Bank Appendix 2 – Application to Prequalify IDIQ Contract Services Page 102 of 176


APPENDIX 2 Application to Prequalify Form

PREQUALIFICATION EXERCISE

ENGAGEMENT OF INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT SERVICES–STAFF AUGMENTATION

AND/OR DELIVERABLE-BASED SERVICES

________________________ (Date)

To: Asian Development Bank 6 ADB Avenue, Mandaluyong City 1550 Metro Manila, Philippines

Attention: Mr. Roger Ball

Advisor Office of Administrative Services and Head, Procurement and Contracts Administration Unit

We, the undersigned, declare that: We have examined and have no reservations to the Prequalification (PQ) Documents; We have examined and have no reservations to the Conditions of Contract; We have examined, no reservations, and fully accept the established Range of Rates to be

adopted in the implementation of the Retainer Contract We understand and agree to be bound by ADB’s Anticorruption and Integrity Policy; We offer to provide the Services in conformity with the PQ Documents; Our Application/Proposal shall be valid for a period of one hundred twenty (120) days from the

date fixed for the submission deadline in accordance with the PQ Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

We confirm that we are financially qualified and compliant to apply/bid for this project in accordance with the minimum requirements for qualification of applicants/bidders for this project;

We are not participating, as Applicant/Bidders, in more than one Application in this PQ process in accordance with the PQ Document;

Our firm, its affiliates or subsidiaries, including any subcontractors or suppliers for any part of the Contract, has not been declared ineligible by the ADB;

We understand that this Application/Proposal, together with your written acceptance thereof included in your Letter of Acceptance of Application, shall constitute a binding contract between us, until a formal Contract is prepared and executed.

Very truly yours,

_____________________________________ (Name and Signature of Authorized Officer)

_____________________________________ (Designation of Authorized Officer)

_____________________________________ (Name of Applicant/Company)

_____________________________________ (Business Address)

_____________________________________ (Telephone Number / Facsimile Number)

_____________________________________ (Email Address)

[Type here] Asian Development Bank Appendix 3 – Qualification of PCM Service Providers IDIQ Contract Services Page 103 of 176


APPENDIX 3 Response Template for the Qualification of PCM Service Providers

Applicant’s Information The following table provides the Applicant’s Profile along with the mandatory information that must be provided by the Project/Construction Management (PCM) Service Providers for qualification.

Applicant’s Information

Applicant’s legal name

In case of JV, legal name of each partner

Applicant’s country of constitution

Applicant’s year of independent legal existence as a validly registered company

Applicant’s legal address in country of constitution

Current number of years engaged in related-services for Design, Engineering, and/or Project/Construction Management

Applicant’s authorized representative

(name, address, telephone numbers, fax numbers, e-mail address)

Company’s Net worth

Year 2015

Year 2016

Year 2017

Attached are copies of the following original documents.

q 1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in accordance with ITA 2.1 (i) and

2.1 (ii)

q 2. Audited financial statements from 2015 to 2017, for ITA 2.1 (iv) and (v).

q 3. In case of JV, letter of intent to form JV or copy of JV agreement, including authorization to represent the firm or JV named in above.

q 4. In case of a government-owned entity, any additional documents not covered under 1 above required to comply with ITA 2.1 (i).

[Type here] Asian Development Bank Appendix 3 – Applicant’s Response Template



Technical Competence The following table outlines the mandatory criteria that must be met by the Project/Construction Management Service Providers for

qualification. Technical Proposal

Response Instruction:

In reference to Attachment 11 - Technical Evaluation

Criteria, please submit the following list of required

documents

Comply (Y/N) Remarks

A. Organization Capacity

Years of operation. The company should have at least 5 years of operation in any

ADB Member Country (see Appendix 12) providing PCM services and solutions

such as, but not limited to, demonstration of experience and existing policies for

management of outsourced services (staff augmentation) and turn key projects

(deliverable-based). Documentation to include policies and procedures that

outline professional recruitment processes and performance management,

construction management methodology, and quality management methodology,

etc.

i. Securities and Exchange Commission (SEC)

Certificate of Registration (or equivalent for

international firms).

Management Structure. The company should have a management structure

composed of regular staff for each of the following functions (or its equivalent, as

job titles in the firm may be different): (i) Sales Manager and/or Account Manager

(who will be the single point of contact for ADB related matters); (ii) HR Manager;

and (iii) Finance Manager.

ii. Company Profile containing business address,

nature of business, year of establishment,

business ownership (names of

owners/shareholders), geographic location(s) of

operations, key management officers,

organizational chart, number of employees.

Internal Programs. The company should have existing documented staff

development or training programs for personnel that are deployed to client

organizations.

iii. Documentation of staff development and

training program for personnel.

Company Certification. Have at least one industry-recognized certification such

as ISO 9000, or GBCI or other equivalent certifications that are relevant to the

required serves to be provided. And/or Show have staff who are registered

CPBDs or PEs, as well as, PMP, CCM, CPC, GBCI, or equivalent certifications.

iv. Evidence of company or staff certification(s).

Financial Certification. The company should have sound financial and credit

position based on Net Financial Contracting Capacity (NFCC)6. Along with

companies’ sub-contractors, if any, have no pending litigations that represent

more than fifty percent (50%) of its net worth

v. Evidence of company’s financial health (Tables

1 and 2 in Attachment 11 – Technical

Evaluation Criteria).

International companies. The company must have either a local representative

office in Manila or an association with a local firm which should be declared

through the submission of appropriate evidences. Company must also have an

English-speaking representative in Manila.

B. Technical Competence

Similar Contract(s) or Engagement(s). Excluding ADB engagement(s), the

company should have proof of other contracts for the provision of PCM services

relevant to the requirements of ADB (see Appendix B – Supporting

Actual Contract or signed client certification or List

of client references containing name, designation

6 NFCC calculated based on the following formula: NFCC=[(current assets minus current liabilities) x (K)]-[value of all outstanding projects under ongoing contracts, including awarded contracts yet to be started], where K=10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years.




Information). The contract must be with any of the following: (i) top 500

corporation worldwide, in the Philippines, or in other countries (based on a

published list by a reputable organization such as Forbes, Fortune, Time, etc.); or

(ii) Public Sector organization. The contract must be ongoing or within the past

three (3) years from target contract engagement.

Proof of at least one (1) other contract is required for staff augmentation

services while proof of at least three (3) other contracts from different firms is

required for deliverable-based services. Should the service provider wish to

provide

service for both staff augmentation and deliverable-based services separate

documentations for each service must be provided.

and contact details (Table 1 in Attachment 11 –

Technical Evaluation Criteria).

Areas of Competence for Staff Augmentation. Company must indicate which

area(s) of expertise they can provide PCM services and the current number of

personnel they have in that area(s)

Please complete the Areas of Competence

spreadsheet

Past performance of services at ADB (if applicable) or on ADB funded projects (if

applicable) will be taken into consideration as part of the Application evaluation.

Please provide details of ADB contracts or ADB

funded projects.

Additional Technical Competence The following table outlines the additional criteria that must be met by the Design, Engineering, Construction Management Service Providers

for qualification.

1. Sustainability: Kindly present your Company’s experience in implementing the following management systems:

i. Health and Safety;

ii. ISO 14001;

iii. OHSAS 18001;

iv. ISO 50001;

v. LEED-certification; and

vi. IFC certification(s)

Copies of the certification and corresponding validity are to be attached.

2. Innovation: Kindly present your Company’s:

i. Demonstrations of innovative measures implemented in design, energy efficiency, health and safety,

environmental, construction management, etc.

ii. Plans to innovate for ADB.

3. Specialty Design and/or Engineering: Kindly present your Company’s unique areas of expertise.

i. Demonstrations of design or engineering projects in specialized areas, etc.

ii. How does the specialization make your Company stand out from competitors?




Area of Competence – Staff Augmentation The following table outlines the area of competence can be supported by the Design, Engineering, Construction Management Service

Providers.

NOTE: Other expertise/competence that the company can support/provide but which are not in the checklist can be reflected/added in a separate table.

Area of Competence – Staff Augmentation Instruction: Please put N/A if supporting Deliverable-Based Services only Current No. of Personnel Can Provide / Support

(Y/N) Remarks B. Project / Construction Management Project / Construction Manager Project Controller Project Scheduler Project QA Project QC Project Safety Engineer Project Estimator Project Coordinator Project Administrator

Area of Competence – Deliverable-based Services Area of Competence – Deliverable-based Services Instruction: Please put N/A if supporting Deliverable-Based Services only Current No. of Personnel Can Provide / Support

(Y/N) Remarks .Project / Construction Management Construction Management Demolition Structural Carpentry HVAC Ductwork Electrical Plumbing




Drywall Windows, Doors Performance - Monitoring Post-Construction

Statement of Work (SOW) The following table outlines the items in the SOW that the Service Provider must comply and agree with. Statement of Work (SOW)

Reference General Scope Comply (Y/N) Response Description

Instruction: This applies to PCM Service Providers who will be supporting both Staff Augmentation and Deliverable-based Services

Appendix 1, SOW, Para 6.

The PCM Service Provider must provide the services described in this SOW during the contract term, including qualified personnel, products and services necessary to perform the specific tasks needed by ADB. This SOW is intended to be comprehensive, but is not all-inclusive, in describing the scope, deliverables, activities, resources or other requirements necessary for the proper performance of the services. This may include all functions, tasks, responsibilities, support, equipment, software, and personnel required from and as accepted by the PCM Service Provider.


Throughout this document, all references to equipment, tools, hardware, and software are subject to ADB’s approval in compliance with the organization’s policies and standards.


Period of Performance. This engagement is expected to be for a maximum of five (5) years, subject to PCM Service Provider’s satisfactory performance, which will be reviewed annually. Engagement of non-performing DECP Service Providers may be pre-terminated based on result of SLA assessment and provisions in General Conditions of the Contract on Termination.


A change control process will govern any changes in the services described in this SOW during the contract term. This includes modifying, replacing, supplementing, and enhancing the required services over time. A change control process will govern any changes in the services described in this SOW during the contract term. This includes modifying, replacing, supplementing, and enhancing the required services over time.




Statement of Work (SOW)-Staff Augmentation

Reference Staff Augmentation Comply (Y/N) Response Description

Instruction: This applies to PCM Service Providers who will be supporting Staff Augmentation.. Please put N/A under Comply (Y/N) and Response Description column if not applicable.


Staff augmentation is the mode of service where ADB would require the engagement of personnel with specific skills to perform a given task or scope of work. The PCM Service Provider shall provide qualified personnel on a time-and-material basis for a given period of time.


PCM Service Provider personnel may also be engaged for project-based requirements with specific duration or for operational support on a regular continuous basis.


Thus the ADB contracts under this IDIQ can have three (3) possible modes of delivery: � staff augmentation where the DE Service Provider is sourced to work with the in-

house team of ADB professionals, who are responsible for design and delivery of the project;

� staff augmentation where the DE Service Provider is sourced to work with another IDIQ partner who is responsible for design and delivery of a project; and

� deliverable-based service where an IDIQ partner is responsible for all aspects of the architectural and engineering design from due diligence and verification of the space/functional program through to the preparation of Issue for Construction documents.

Reference Provision of Services Comply (Y/N) Response Description

Attachment 2, SOW, Para 3.

Without limiting the generality of the foregoing, the PCM Service Provider shall, at all times, provide ADB with an adequate number of resources with the specialized skills, knowledge, and wide experience necessary to undertake the services required by OAS.


Skills Set and/or Services Required. The skills that may be required are outlined in Attachment 5, while the estimated breakdown of the number of personnel deployed in OAS is reflected in Attachment 6.


PCM Service Provider shall also provide the necessary equipment(s) (including software) to carry out the work to be rendered by its PCM Service Provider personnel. IT equipment(s) must adhere to the existing ADB standards.


Ownership of such IT equipment(s) shall remain with the PCM Service Provider. The fixed monthly cost for the provision of the IT equipment will be the actual purchase cost of the PCM Service Provider spread over 24 months and shall be invoiced separately.

Reference Applicable Rate Comply (Y/N) Response Description





The applicable range of hourly rates for each technical expertise is part of the Prequalifying Applicant’s Financial Rate.


The rate to be paid by ADB for the services of the personnel will depend on the scope of the job to be performed and the expertise of the personnel and shall not exceed the specified range.


PCM Service Provider personnel who render services in ADB shall receive a minimum of 70% of the applicable hourly rate. The 70% covers basic salary and other benefits, if any, including but not limited to:

� 13th Month pay � Government mandated benefits (SSS, Philhealth, Pagibig) � Leave (Sick Leave, Vacation Leave, Staff Development, etc.) � Allowance (Transportation, Optical, Rice, Communication, etc.) � Health Maintenance Organization (HMO) � Bonus (Mid-year, Year-end, Project, Performance, etc.)


Reported incidents of violation shall be verified by ADB. PCM Service Providers will be given a maximum of thirty (30) days to correct the distribution retroactively.

Reference Sourcing and Engagement Comply (Y/N) Response Description


Specific terms of Reference (TOR) will be floated to all qualified PCM Service Providers for open posts and for which the PCM Service Providers will endorse Curriculum Vitae (CV) of suitable candidates to ADB. The OAS User Unit will review the CVs and an interview with the potential candidate may be requested through the PCM Service Provider to validate the contents of the CVs.


ADB reserves the right to reject any candidate whose qualification and training, in the opinion of ADB, does not adequately equip the person for the assigned work.


TORs of new skill sets not identified in Attachment 5 will be floated by OAS to all PCM Service Providers.

Reference Deployment Comply (Y/N) Response Description


Once the OAS User Unit has found a suitable and qualified candidate, OAFA-FM will inform the concerned PCM Service Provider and will issue a Notice of Engagement reflecting the appropriate details of engagement.


The PCM Service Provider shall advise OAFA-FM the confirmed start date of the personnel. The representative of the PCM Service Provider shall accompany personnel assigned in ADB premises on their first day for proper orientation. The orientation should cover the procedures and guidelines to be issued by ADB and familiarization on




the workplace. Specific guidelines of the PCM Service Provider may also be included as long as the procedures and guidelines of ADB will not be superseded.

Reference Submittal Requirements Comply (Y/N) Response Description


Upon receipt of the Notice of Engagement, and prior to deployment of personnel in ADB, the PCM Service Provider should prepare and submit the Pre-Deployment Requirements to OAFA-FM. Engagement of the personnel will not commence in the absence of any of the following:

§ Endorsement form

§ Undertaking form

§ Personal History of Applicant form

§ One 1 ½ x 1 ½ picture

§ Sketch of place of residence to and from ADB

§ NBI clearance (six months from date of issuance)

§ Photocopy of company ID (or certificate of employment)

§ Medical clearance

§ Signed Non-Disclosure Agreement and

§ Signed Ethical Statement


At any time, ADB may ask the PCM Service Provider for a copy of their existing signed contract with the personnel to be submitted within 3 business days.


PCM Service Providers must also cover the cost of annual physical exam of its PCM Service Provider personnel, including pre-employment medical exam.

Reference Place of Performance Comply (Y/N) Response Description


Work may be rendered offsite or onsite in ADB-HQ premises, including ADB Offices in ADB’s Business Continuity Facility site in Clark, Pampanga and in any other locations where ADB may conduct its business and operations.


Work may also be required in ADB’s offshore offices and facilities, like the Business Continuity Facility in Singapore or in ADB field offices. Such instances will be treated on a case-to-case basis, as the need arises.

Reference Working Arrangements Comply (Y/N) Response Description


All PCM Service Provider personnel shall be stationed strictly within the confines of the location or area where they are authorized and/or assigned and on the days and schedules they are expected to perform their duties.


If a PCM Service Provider personnel deployed in ADB HQ is required to render services outside Metro Manila, the PCM Service Provider will bill ADB for the actual cost of transportation, if any. An agreed appropriate amount for per diem will also be billed by the PCM Service Provider to ADB for personnel who are required to spend the night in a location outside Metro Manila. Such services will be agreed upon by a separate Work




Order (WO) and all associated costs will be subject to ADB’s agreement (taking into account ADB’s travel guidelines and policies). The PCM Service Provider must ensure that their personnel have the appropriate insurances to cover such assignments.


PCM Service Providers shall provide a dedicated Single Point of Contact (SPOC) to address all ADB related inquiries and concerns and to supervise all their personnel assigned in ADB. PCM Service Providers, with more than 20 personnel deployed in ADB, shall be required to assign a separate fulltime representative/coordinator on-site. All requirements will be coordinated by ADB with the PCM Service Provider’s on-site representative/coordinator, including but not limited to, meeting schedules, attendance related issues, administrative matters, reporting, etc.

Reference Regular Service Hours and Overtime Comply (Y/N) Response Description


Standard workdays are from Monday to Friday and the required daily eight (8) working hours must be rendered between 8:00 a.m. and 6:00 p.m. There is no provision for breaks except for lunch that should be taken between 11:30 a.m. and 1:30 p.m. Lunch breaks shall not be computed as part of the working hours.


Upon request of the User Section, PCM Service Provider personnel engaged for specific support functions may be assigned to other work schedules.


Applicable overtime will be paid for work rendered beyond completion of eight (8) working hours subject to the approval of the PCM Service Provider personnel’s supervisor. Overtime rates shall be computed based on the matrix below:

Table 1: Overtime Multiplier Table Hourly Rate Multiplier

Regular Overtime 1.3

Rest Day 1.5

ADB Holiday 2


PCM Service Provider personnel assigned to work schedule 10:00 pm to 6:00 am shall be remunerated an additional night shift premium pay of 10% of the hourly rate.

Reference Time Keeping, Timesheet, and Billing Process Comply (Y/N) Response Description


ADB’s timekeeping system shall be used to record daily attendance of PCM Service Provider personnel. The required timekeeping entries must be strictly accomplished in accordance with the guidelines issued by OAFA-FM to the PCM Service Provider.





PCM Service Provider personnel are also required to log actual hours rendered in ADB’s project management system. This will serve as a record of the actual work performed by the personnel and will be used by the PCM Service Providers as a supporting document for their payment claims.


At any point, should ADB decide to change any of the above tools, the PCM Service Providers will be advised and appropriate guidelines (inclusive of walkthroughs) will be issued.

Reference Extension of Personnel Comply (Y/N) Response Description


A notification (Notice of Extension) will be given to the PCM Service Provider if the services of its personnel will be extended beyond the current engagement period at least 15 calendar days before the last day of engagement.

Reference End of Assignment Comply (Y/N) Response Description


If no Notice of Extension is received by the PCM Service Provider, engagement of the PCM Service Provider personnel is deemed terminated at the end of the engagement period.


In case a PCM Service Provider personnel resigns prior to the end of the engagement period or decides not to extend the current engagement, the PCM Service Provider should immediately notify OAFA-FM of the personnel’s last day of work. A 60-calendar day notice period (from the date OAFA-FM was notified) is required to prevent disruption of service. If the resigning PCM Service Provider personnel is subject to a bond, then PCM Service Provider must reimburse ADB the full cost of training received by the PCM Service Provider personnel.


At any given time, ADB may pre-terminate the services of a PCM Service Provider personnel subject to the provisions of Appendix 1 (Statement of Work), Para. 31.


An Exit Clearance Form shall be completed by the PCM Service Provider personnel and submitted to OAFA-FM. The ADB-issued ID and other ADB-furnished resources, if any, shall be surrendered to OAFA-FM on the PCM Service Provider personnel’s last day of work.

Reference Replacement of Personnel Comply (Y/N) Response Description


PCM Service Providers must provide replacement for PCM Service Provider personnel who resigned or did not extend the current engagement.


CVs endorsed for PCM Service Provider personnel replacement must be submitted within three (3) working days from date of notification by OAFA-FM. Should the replacement candidates be found inadequate, the position or skillset shall be opened to other qualified PCM Service Providers.





For personnel replacements by the same PCM Service Provider, a transition period of at least 15 calendar days is required. During the transition period, ADB will only be charged for one (1) resource only.


If the transition period is over and the final replacement of the exiting PCM Service Provider is not yet identified, the transition recipient shall be deemed as the reliever for a maximum of 30 days. If there is still no final replacement after 30 days then the reliever will be identified as the replacement.


At any given time, ADB may request the PCM Service Provider to replace any of its personnel if found inadequately performing the services required. ADB shall evaluate and approve the suitability of the proposed replacement personnel.

Reference Training and Upskilling Comply (Y/N) Response Description


ADB’s engagement is based on the existing skills of the PCM Service Provider personnel at the time of assignment. As such, the PCM Service Provider must, maintain full responsibility for the regular upgrading of skills, certification, or refresher training of its personnel to keep them current, to match new and emerging technologies and trends in the building industry, and to adapt to the ADB’s changing building environment, especially as more smart and green technologies are put into use.


On an exceptional basis, ADB may decide to send the service provider’s personnel to vendor-initiated product launches, updates, or learning/knowledge sharing events on, but not limited to, in-house built systems. For these circumstances, the PCM Service Provider will not be charged the corresponding fees, if any. However, if the activity exceeds a continuous period of four (4) hours ADB will not pay for the remuneration or services of the personnel on said days.

Reference Reporting Comply (Y/N) Response Description


PCM Service Providers must submit a monthly report containing details of the engagement as prescribed in Attachment 8. Monthly Reports must be sent within thirty (30) days of the following month via email to:

[email protected]

[email protected]


ADB may adjust the monthly report based on its requirements at any time. All adjustment(s) to the monthly report shall be communicated to PCM Service Providers for compliance.

Reference Transition Comply (Y/N) Response Description





Should the PCM Service Provider be subjected to non-renewal based on the agreed service levels, the PCM Service Provider shall submit a transition of services plan from which states that the outgoing PCM Service Provider will exercise its best efforts and cooperation to affect an orderly transition without impacting ADB’s operations.

Statement of Work (SOW)-Deliverable-based Services

Reference Deliverable-based Services Comply (Y/N) Response Description

Instruction: This applies to PCM Service Providers who will be supporting Deliverable-based Services. Please put N/A under Comply (Y/N) and Response Description column if not applicable.


Deliverable-based service is a lump sum performance-based mode of service where the requirements can be scoped with well-defined outputs, outcomes, or deliverables, and the timeframe is critical and definite.


In this mode of service delivery, the PCM Service Provider shall provide the needed personnel, products, equipment, and services to deliver specific outputs based on mutually agreed scope, schedule, deliverables, acceptance criteria, and payment terms. Payments shall only be made upon output(s) acceptance by ADB.

Reference PCM Service Provider’s Responsibilities Comply (Y/N) Response Description


The PCM Service Provider shall be responsible for the performance of the services and delivery of the outputs. The PCM Service Provider shall designate a project manager for the engagement, who shall coordinate with ADB the status of the deliverables and other requirements.


The PCM Service Provider shall be responsible for making available the necessary resources for the performance of work, and for ensuring the compatibility of these resources with that of ADB.

Reference Sourcing and Engagement Comply (Y/N) Response Description


TORs will be floated to qualified PCM Service Providers for deliverable-based requirements, for which PCM Service Providers shall submit fixed-price, fixed-term proposals.


Possible requirements under deliverable-based services are reflected in Attachment 9. The PCM Service Provider may seek to clarify, verify, or validate the scope of work and responses shall be communicated to all participating PCM Service Providers.


ADB may request for an interview with project manager and key personnel to be deployed for the duration of the engagement.


All proposals received shall be evaluated by the User Unit and OAFA-FM. The selected PCM Service Provider will then be issued a Work Order (WO) reflecting the details of




the engagement including the place of performance and start and end dates of the assignment.


The Terms of Reference (TOR) will define the scope of deliverable-based services, but in general it is expected to cover design and build services and related general management services. It is expected that the proposal responding to the TOR will include the cost of all necessary supervision, skilled personnel, tools, equipment, testing instruments, transportation, consumable materials, handling and other incidental works and materials, implied or not, that are necessary in the conduct and implementation of the work.

Reference Mobilization Comply (Y/N) Response Description


The proposal submitted by the PCM Service Providers to meet the deliverable-based Terms of Reference (TOR) requirements should include an indication of the time requirements for mobilization of resources, reporting requirements, as well as the design and implementation requirements.


ADB may request a meeting with any or all responding PCM Service Providers regarding the details of their proposal, including time to mobilize resources.


Once the selection of a PCM Service Provider is made, a Work Order (WO) will be issued and the costs during the mobilization period is payable by ADB as management fees.


Only claims as agreed upon in the signed WO Contract will be paid. Any WO Contract changes must be agreed upon in advance and addressed through amendment(s).

Reference Working Arrangements Comply (Y/N) Response Description


Work will generally be performed at a combination of the PCM Service Provider’s premises, and ADB premises unless otherwise required by ADB. For on-site work arrangement, submission of items detailed in Appendix 3 (all sections) must be completed.


Any changes to the team proposed by the PCM Service Provider must be acknowledged by ADB.

Statement of Work (SOW)-General Provisions Reference General Provisions Comply

(Y/N) Response Description Instruction: This applies to PCM Service Providers who will be supporting both Staff Augmentation and Deliverable-based Services.


The official language used in ADB is English. The PCM Service Provider personnel must be proficient in oral and written English communication, must have good interpersonal skills, and must be able to adapt to a multi-cultural environment.





The PCM Service Provider shall maintain clean, orderly and safe storage areas for materials, tools and equipment. Safety measures shall be observed in the storage of chemicals and other hazardous materials. The Contractor shall hold ADB free from any liability arising from loss or damage of such materials and equipment. Appropriate internal control on inventory management shall be implemented by the Contractor and shall be audited by OAFA-FM authorized representatives.


The PCM Service Provider shall be responsible and accountable for all ADB-owned materials, tools and equipment, once issued or used by their personnel including any damage or loss of these items. In case of loss or theft, the PCM Service Provider shall report this immediately to the OAFA-FM authorized representative. The PCM Service Provider shall be held liable for the damaged/lost items and shall repair/replace the said items with the same or higher specifications.


The PCM Service Provider shall provide and make available at all times all necessary equipment, tools and consumables including personal protective equipment necessary to carry out the Services satisfactorily and efficiently following a sustainable cleaning equipment program. The PCM Service Provider shall ensure that all tools and equipment are maintained regularly. A service unit shall be provided in case equipment is pulled out for repair. Equipment owned by ADB, if available, shall be used in case of emergency only. Powered cleaning equipment should be environmentally friendly and minimizes the exposure of building occupants and maintenance personnel to potentially hazardous chemical, biological and particulate contaminants that adversely affect air quality, human health, building finishes, building systems and the environment.


The PCM Service Provider shall maintain and submit daily logs, checklist, records and reports on the performance of the services and shall make these available anytime to ADB for its inspection.

Reference ADB-Furnished Resources Comply (Y/N) Response Description


Depending on the requirement, ADB may provide workstations, PCs including software and applications, telephones, tools, and other equipment necessary in carrying out the required services.


Personal devices that will be brought in by the PCM Service Provider personnel will not be supported by ADB and must not be connected to any of ADB's system without the necessary clearance and/or approval from the authorized ADB staff.

Reference Official ADB Holidays Comply (Y/N) Response Description


ADB has ten (10) official holidays listed below: Table 2: Official ADB Holidays




Holiday Date

1 New Year’s Day 01 January 2 Holy Thursday Movable date 3 Good Friday Movable date 4 Labor Day 01 May 5 Philippine Independence Day 12 June 6 All Saints’ Day 01 November 7 Bonifacio Day 30 November 8 Christmas Day 25 December 9 Rizal Day 30 December

10 New Year’s Eve 31 December


Except for the New Year’s Eve holiday, when any of the above holidays falls on a Saturday or Sunday, the preceding Friday or the following Monday is observed as a holiday. Should 31 December be the compensatory holiday for Rizal Day or New Year’s Day, or fall on a Saturday or a Sunday, the New Year’s Eve holiday will be the last working day of the year, which could be 28 or 29 December. Office hours and holidays are subject to change at the option of ADB.


Generally, ADB does not observe the special holidays declared by the Philippine Government. The PCM Service Provider is required to provide the normal personnel on said holidays.

Reference Policies, Procedures, Guidelines Comply (Y/N) Response Description


Apart from existing ADB policies, guidelines, and procedures, the PCM Service Provider and its personnel must also follow specific guidelines and procedures to be issued by OAS with regard to the provision of the required services.

Reference Intellectual Property Comply (Y/N) Response Description


ADB shall be the sole owner of all outputs, processes, procedures, resolutions, fixes, workarounds, and other forms of intellectual property developed by the PCM Service Provider and its personnel under this SOW.


ADB shall have the full, unrestricted, and perpetual right to use any information, systems, applications, etc. developed within the period of agreement or which resulted from the engagement.

Reference No Employee-Employer Relationship Comply (Y/N) Response Description


It is understood that no employee-employer relationship exists between the PCM Service Providers, their personnel, on the one hand and ADB, on the other hand.





ADB shall not be responsible for any payment of salary or any other benefits to the PCM Service Provider’s personnel. Such payments shall be the exclusive responsibility of the PCM Service Provider which shall bear all costs incurred in connection with the services rendered by its personnel to ADB, such as but not limited to medical; social security; vacation and sick leave; emergency living allowance; 13th month pay; bonus; general and administrative costs; training costs; accommodation, transportation, and other related costs; taxes; profits; and others. PCM Service Provider shall ensure that their personnel are covered by appropriate medical, life, and travel-related insurance.


ADB shall not be liable for any additional payment to either the PCM Service Provider or its personnel, outside of what is reflected in the contract. No request for additional compensation will be entertained by ADB by reason of any increase in wage rates or for any other reason during the continuance of the Contract.

Reference Identification and Conduct Comply (Y/N) Response Description


The behavior, discipline, and work performance of the personnel are the responsibility of the PCM Service Provider. In connection with this, the PCM Service shall ensure that the company, its officers, and all its personnel visiting or working on-site at ADB facilities comply with ADB’s Standards of Conduct for Contractors that is attached hereto and made an integral part thereof (see Conditions of Contract).


PCM Service Provider personnel working on-site at ADB facilities shall at all times wear an ADB-issued identification badge and identify themselves as such when their status is not readily apparent.


All personnel of the PCM Service Provider shall comply with all applicable ADB regulations, policies, and procedures (e.g., fire, safety and security, information communication and technology security and sanitation) when visiting or working at ADB facilities. The PCM Service Provider shall ensure that their personnel present a professional appearance at all times and that their conduct shall not reflect discredit on ADB.

Reference Disengagement Comply (Y/N) Response Description

Appendix 1, SOW, Para 31. ADB reserves the right to disengage the PCM Service Provider for reasons of:

Appendix 1, SOW, Para

31.1.

Misconduct, non-compliance or for security-related reasons. Such may be served with or without a notice period upon ADB’s discretion.





31.2.

Discontinued project. The Notice of Termination will be given to the PCM Service Provider at least thirty (30) calendar days before the effectivity date of the termination.


31.3.

Non-performance of tasks and deliverables as per PCM Service Provider personnel’s TOR. Such may be served with or without a notice period upon ADB’s discretion.

Statement of Work (SOW)-Performance Review of PCM Service Provider and Its Personnel Reference Performance Review of PCM Service Provider and It’s Personnel Comply

(Y/N) Response Description Instruction: This applies to PCM Service Providers who will be supporting both Staff Augmentation and Deliverable-based Services.


ADB shall regularly review the performance of the PCM Service Provider in carrying out the services. ADB reserves the right to require the PCM Service Provider, and the latter binds it, to improve the quality of its service.


Specific performance benchmarks to which actual performance will be measured against are reflected in the Service Level Agreement (SLA) document (Attachment 10). SLA monitoring is on a monthly basis.


The services are to be evaluated on an annual basis. This is to ascertain service level attainment and co-develop improvements on the service levels, processes, service delivery, etc.


An evaluation report shall be discussed to the PCM Service Provider and the results will be mutually agreed, following which the PCM Service Provider should take appropriate action. Non-responsiveness to improvements shall be ground for termination of the contract, disengagement of the PCM Service Provider personnel, and/or imposition of financial sanctions. Ad hoc SLA reviews may also be requested by ADB, as the need arises.

Appendix 1,

SOW, Para 36. Penalties to be imposed are also defined in the agreed SLAs.

Asian Development Bank Appendix 4 – Secretary’s Certificate IDIQ Contract Services Page 120 of 176


APPENDIX 4 Form of Secretary’s Certificate

SECRETARY’S CERTIFICATE I, (name of corporate secretary), being the Corporate Secretary of (name of the company of bidder), hereinafter referred to as the “Corporation”, a corporation organized under the laws of the_____________________, with office address at (complete address of the company), do hereby certify, that the following resolution was unanimously approved in a meeting of the Board of Directors of Corporation held on (date of the meeting) at its principal office, to wit:

Board Resolution No. _____ Series of _____

RESOLVED, the (name of company) be, as it hereby is hereby, authorized to participate in the Prequalification of Indefinite Delivery Indefinite Quantity (IDIQ) Contract Services – Staff Augmentation and/or Deliverable-Based Services (RP No. 15-20582), and in connection therewith the Corporation hereby appoints (name and designation of authorized person – same person who will sign the conforme below) as the duly authorized and designated representative of (name of company), who is granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Corporation in the bidding.

The above resolution in now in full force and effect and that as of this date, no changes or amendments thereon have been made. IN WITNESS WHEREOF, I have hereunto affixed my signature this (date) at (place).

Signature (Name of corporate secretary)

Corporate Secretary

CONFORME:

Signature (Name of authorized person) Designation: Company:

SUBSCRIBED AND SWORN to before me this _________, affiant exhibiting to be her/his Community Tax Certificate Number ____________ issued on _________ at _________. Doc. No. _____; Page No. _____; Book No. _____; Series of ______.

SEAL AND SIGNATURE

NOTARY PUBLIC

Asian Development Bank Appendix 5 – Prequalification/Bid Securing Declaration IDIQ Contract Services Page 121 of 176


APPENDIX 5 Prequalification/Bid Securing Declaration Form

PREQUALIFICATION FOR THE ENGAGEMENT OF INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT SERVICES – STAFF AUGMENTATION

AND/OR DELIVERABLE-BASED SERVICES

_______________________ (Date)

To: Asian Development Bank 6 ADB Avenue, Mandaluyong City 1550 Metro Manila, Philippines

Attention: Mr. Roger Ball

Advisor, Office of Administrative Services and Head, Procurement and Contracts Administration Unit

I, _______(Name of Authorized Officer)_ _______, as the duly authorized representative of ______(Name of Company)_______, hereby declare as follows:

That we are submitting an application for the Prequalification of Indefinite Delivery Indefinite Quantity (IDIQ) Contract Services – Staff Augmentation and/or Deliverable-Based Services;

That we shall not withdraw or modify our Application after the closing time for submission and before the end of the period of validity;

That we shall not influence ADB in its evaluation, comparison or Contract award decisions;

That within the stipulated number of days from the date ADB notifies us that we are successful, we shall accept the Retainer Contract and Range of Rates as indicated in the Letter of Acceptance of Application (see Appendix 8); and

That in the event that we violate the preceding paragraphs 2, 3 and 4, we understand and accept that we shall be disqualified from bidding in any or all future contracts with ADB.

Sincerely, _____________________________________ (Name and Signature of Authorized Officer)

_________________________________________________ (Designation of Authorized Officer)

_________________________________________________ (Name of Applicant/Company)

_____________________________________ (Business Address)

[Type here] Asian Development Bank Appendix 6 – Joint Venture Data IDIQ Contract Services Page 122 of 176


APPENDIX 6 Joint Venture Data

A copy of the joint venture agreement must be attached. In case the joint venture agreement is not acceptable to ADB, the joint venture may be requested to modify the agreement accordingly. Failure to submit a modified joint venture agreement within 21 days upon receipt by the Applicant of the request for modification will disqualify the Applicant for further consideration.

Names of all Partners of a Joint Venture 1. Lead Partner 2. Partner 3. Partner 4. Partner 5. Partner 6. Partner

[Type here] Asian Development Bank Appendix 7 – Range of Rates IDIQ Contract Services Page 123 of 176


APPENDIX 7 Range of Rates

Table 1: Hourly Billing Rate Table for Project/Construction Management (Staff Augmentation)

[Type here] Asian Development Bank Appendix 8 – Letter of Acceptance of Application



Table 2: Schedule of Rates for Project/Construction Management

(Deliverable-based Services)

Position Min Max Min Max Min Max Min Max Min Max <50 sqm 2,000.00₱ 3,000.00₱ 400.00₱ 500.00₱ 600.00₱ 750.00₱ 400.00₱ 500.00₱ 50 sqm-100 sqm 2,000.00₱ 3,670.00₱ 400.00₱ 500.00₱ 750.00₱ 750.00₱ 400.00₱ 500.00₱ 101 sqm-250 sqm 1,500.00₱ 3,250.00₱ 240.00₱ 300.00₱ 600.00₱ 600.00₱ 400.00₱ 500.00₱ 251 sqm-500 sqm 1,500.00₱ 2,950.00₱ 240.00₱ 300.00₱ 600.00₱ 600.00₱ 400.00₱ 500.00₱ 501 sqm-750 sqm 1,200.00₱ 2,280.00₱ 200.00₱ 250.00₱ 500.00₱ 500.00₱ 200.00₱ 250.00₱ >750 sqm 750.00₱ 880.00₱ 200.00₱ 250.00₱ 500.00₱ 500.00₱ 200.00₱ 250.00₱

PROJECT / CONSTRUCTION MANAGEMENT RANGE OF RATES (Deliverable-based Services)

C. PROJECT MANAGEMENT (Php/sqm)PM/CM Scheduler QA/QC Project Adm/Coord Other

[Type here] Asian Development Bank Appendix 8 – Letter of Acceptance of Application



APPENDIX 8 Letter of Acceptance of Application

Date: ________________________

_____________________

_____________________

_____________________

_____________________

Attention: _________________________

Sirs:

Subject: Letter of Acceptance

Prequalification for Indefinite Delivery Indefinite Quantity (IDIQ) Contract

Services – Staff Augmentation and/or Deliverable-Based Services

With reference to the execution of the above Services, this is to inform you that the

Asian Development Bank (hereinafter referred to as ADB) hereby accepts your Application to

Prequalify dated _____________ for the _________ service using Staff Augmentation /

Deliverable based mode of engagement, and in accordance with the terms, provisions and

stipulations contained in the documents collectively referred to as the “Prequalification

Documents”.

In lieu of your company being prequalified, attached is a copy of the IDIQ Contract and

ADB established Schedule of Rates for your conforme. Your written acceptance to the

attached documents is requested within ___ days.

The commencement date of this Contract is tentative on _______________. A pre-

mobilization meeting will be scheduled by (user section) before the commencement date of

this Contract.

Very truly yours,

Roger Ball Advisor, Office of Administrative Services

and Head, Procurement and Contracts

Administration

[Type here] Asian Development Bank Appendix 9 – Form of Contract



APPENDIX 9 Form of IDIQ Contract {Draft and subject to change}

Contract No. ADB/OAS-2020/xxx INDEFINITE DELIVERY INDEFINITEQUANTITY (IDIQ) CONTRACT SERVICES

– STAFF AUGMENTATION AND/OR DELIVERABLE SERVICES

THIS CONTRACT (hereinafter "Contract") made on the ___ day of _______ 2020 between the

ASIAN DEVELOPMENT BANK of 6 ADB Avenue, Mandaluyong City, Metro Manila, Philippines (hereinafter " ADB "), of the one part, and ________________________ of

__________________________ (hereinafter "Service Provider"), of the other part:

WHEREAS ADB desires that the Provision of Services known as “Indefinite Delivery, Indefinite

Quantity (IDIQ) Contract Services – Staff Augmentation and/or Deliverable Services” shall be

executed by the "Service Provider" and has accepted an Application by the "Service Provider" for

the execution and completion of the provision of Services and the remedying of any defects

therein,

ADB and the "Service Provider" agree as follows:

In this Contract words and expressions shall have the same meanings as are respectively

assigned to them in the Contract documents referred to in the General Conditions of Contract

indicated in Paragraph 2 below.

The following documents shall be deemed to form and be read and construed as part of this

Contract, viz.:

(a) Special Conditions of Contract

(b) General Conditions of Contract

(c) Letter of Acceptance of Application

(d) Statement of Work

(e) Technical Application Form

(f) Technical Application Response Template

This Contract shall prevail over all other Contract documents. In the event of any discrepancy or

inconsistency within the above Contract documents, then the documents shall prevail in the order

listed above.

In consideration of the payments to be made by ADB to the Contractor as indicated in this

Contract, the Contractor hereby covenants with ADB to provide the Services and to remedy

defects therein in conformity in all respects with the provisions of the Contract.

ADB hereby covenants to pay the "Service Provider" in consideration of the execution and

completion of Services and the remedying of defects therein, the Contract Price or such other

sum as may become payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Contract to be executed in on the

day, month and year indicated above.

[Type here] Asian Development Bank Appendix 9 – Form of Contract



for and on behalf of ADB:

for and on behalf the Contractor:

ROGER BALL Advisor, Office of Administrative Services

and Head, Procurement and Contracts

Administration Unit

_________________________________

Date of signing: ___________________

Date of signing: ____________________

[Type here] Asian Development Bank Appendix 10 – General Conditions of Contract



General Conditions of Contract

General Conditions of Contract

(Contract No. ADB/OAS-2020/__)

The General Conditions of Contract (GCC), read in conjunction with the Special Conditions of

Contract (SCC) and other documents listed therein, is a complete document expressing the rights

and obligations of ADB and the CONTRACTOR.

The GCC shall not be altered. Any changes and complementary information, which may be

needed, shall be introduced only through the SCC.

Table of Clauses

Contents 1. Definitions ....................................................................................................................................................... 129 2. Scope of Contract ............................................................................................................................................ 131 3. Performance and Delivery .............................................................................................................................. 132 4. Inspection, Evaluation, Acceptance or Rejection ........................................................................................... 133 5. Price and Payment .......................................................................................................................................... 134 6. Indemnification for Infringement of Third-Party Rights ................................................................................ 135 7. Limitation of Liability ...................................................................................................................................... 135 8. Security and Insurance .................................................................................................................................... 135 9. Warranties and Representations .................................................................................................................... 137 10. Contractor’s Undertakings ......................................................................................................................... 139 11. Use of ADB Property ................................................................................................................................... 141 12. Confidentiality; Use of Contract Documents and Information; Publicity ................................................. 142 13. Conflict of Interest ...................................................................................................................................... 143 14. Integrity Violations ..................................................................................................................................... 143 15. Inspections and Audits ............................................................................................................................... 144 16. Assignment and Subcontracting ................................................................................................................. 144 17. Transition .................................................................................................................................................... 144 18. Contract Amendment ................................................................................................................................. 145 19. Settlement of Disputes ............................................................................................................................... 145 20. Termination ................................................................................................................................................ 146 21. Force Majeure ............................................................................................................................................. 148 22. Authorized Representative ......................................................................................................................... 148 23. Notices and Communication ...................................................................................................................... 149 24. Special Character, Privileges and Immunities of ADB ................................................................................ 149 25. Governing Law and Language ..................................................................................................................... 149 26. Waiver ......................................................................................................................................................... 150 27. Counterpart ................................................................................................................................................. 150 28. Entirety and Separability ............................................................................................................................ 150 29. Survival of Provisions .................................................................................................................................. 150




1. Definitions

“Abuse”, refers to theft, waste or improper use of assets related to ADB-related

activity, either committed intentionally or through reckless disregard.

“ADB” refers to the Asian Development Bank, the organization purchasing the

Services and Related Goods.

“ADB Headquarters” or “Headquarters” refers to the Headquarters of ADB in

Manila, Philippines.

"Authorized Representatives" are the persons named in Clause 22 and authorized

to represent the Parties in sending and/or receiving Notices and Communications

related to the Contract.

“Charter” refers to the Agreement Establishing the Asian Development Bank (ADB

Charter) signed by the member states and can be found at

http://www.adb.org/documents/agreement-establishing-asian-development-

bank-adb-charter.

“Coercive practice” is impairing or harming, or threatening to impair or harm,

directly or indirectly, any party or the property of the party to influence improperly

the actions of a party.

“Collusive practice” is an arrangement between two or more parties designed to

achieve an improper purpose, including influencing improperly the actions of

another party.

“Conflict of interest”, is defined as any situation in which a party has interests that

could improperly influence that party’s performance of official duties or

responsibilities, contractual obligations, or compliance with applicable laws and

regulations.

"Contract" refers to the agreement that ADB and the CONTRACTOR entered into,

as recorded in the Contract Form that the Parties signed, including all attachments

and appendices and all documents incorporated by reference therein.

"Contract Documents" consists of the Contract and all attachments and

appendices, including but not limited to, the Technical Specifications, Technical

and Financial Rate Proposals, Fee Schedule, Secretary's Certificate, Letter of

Acceptance of Bid, ADB's Safety and Security Regulations, relevant

Administrative Orders, Good Social Management Certificate and amendments

thereto.

"Contract Price" means the price stated in the SCC payable to the

CONTRACTOR for the full and proper performance of its contractual obligations.

“CONTRACTOR” refers to the Party (individual or entity, whether public, quasi-

public or private) named in the SCC that performs the Services and supplies the

Related Goods using its own means, methods or manner of accomplishing the

desired result pursuant to a contract with ADB. This includes the CONTRACTOR’s

personnel, representatives, successors, and permitted assignees.




"Contracts Administration Unit” or "CA" refers to the sub-unit in the Procurement

and Contracts Administration Unit, Office of Administrative Services that ensures

ADB and the CONTRACTOR comply with their obligations under the Contract.

“Corrupt practice” is the offering, giving, receiving, or soliciting, directly or

indirectly, anything of value to influence improperly the actions of another party.

"Day" means calendar day.

"Default" means any breach of the obligations of a Party or any other default, act,

omission, negligence or negligent statement of a Party in connection with to the

subject-matter of the Contract and in respect of which such Party is liable to the

other.

"Delay" means delivery beyond the Delivery Date or Dates specified in the

Contract.

“Equipment” includes office machines, engineering, safety and security

implements, furniture and/or furnishings, tools, instruments, vehicles, and other

machines or implements used for ADB operations.

"Final Acceptance" refers to ADB’s acceptance of the Services and Related

Goods after they are delivered, initially inspected, and found to comply with the

performance standards provided in the SCC.

"Force Majeure" or "Fortuitous Event" refers to events, which a Party could not

have foreseen, or which though foreseen, were inevitable, provided that the Party

takes all reasonable precautions, due care and reasonable alternative measures,

for the purpose of carrying out the terms and conditions of this Contract.

Specifically, Force Majeure shall refer to events beyond the reasonable control of

a Party, and which makes a Party's performance of its obligations hereunder

impossible or so impractical to be considered impossible in the circumstances,

and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,

explosion, extraordinary storm, extraordinary flood or other extraordinary adverse

weather conditions, strikes, lockouts or other industrial action (except where such

strikes, lockouts or other industrial actions are within the power of the Party

invoking Force Majeure to prevent), confiscation or any other action by

government agencies. Force Majeure shall not be deemed to include: (a) any

event which is caused by the negligence or intentional action of a Party or such

Party's consultants, agents or employees; (b) any event which a diligent Party

could reasonably have been expected to both: (i) take into account at the time this

Contract was entered into; and (ii) avoid or overcome in the carrying out of its

obligations hereunder; or (c) the insufficiency of funds, inability to make any

payment required under this Contract, or any economic conditions, including but

not limited to inflation, price escalations, or labor availability.

“Fraudulent practice” is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, a party to obtain a

financial or other benefit or to avoid an obligation.

"GCC" refers to the General Conditions of Contract.

"Headquarters Agreement" refers to the Agreement Between ADB and the

Republic of the Philippines Regarding the Headquarters of ADB, which can be

found at




“Integrity violation” is any act which violates ADB’s Anticorruption Policy, including

corrupt, fraudulent, coercive, or collusive practice, abuse, conflict of interest, and

obstructive practice, as defined herein.

“Member Country” refers to a country or territory which is member of the ADB,

as may be seen in http://www.adb.org/about/members.

"Notices" refers to all written communication required under the Contract to be

exchanged between the Parties, including but not limited to, requests, permissions

or consent.

“OAI” refers to the Office of Anticorruption and Integrity of ADB.

"OAPC" refers to the Procurement and Contracts Unit in OAS.

"OAOR" refers to the Organizational Resilience Unit in OAS.

“OAFA-FM” refers to the Facilities Planning and Management Unit of the

Facilities and Asset Division, in OAS.

“OAOD-PMU” refers to the Program Management Unit in OAS.

"OAS" refers to the Office of Administrative Services of ADB.

“Obstructive practice” which includes (a) deliberately destroying, falsifying,

altering or concealing of evidence material to an ADB investigation; (b) making

false statements to investigators in order to materially impede an ADB

investigation; (c) failing to comply with requests to provide information, documents

or records in connection with an OAI investigation; (d) threatening, harassing or

intimidating any party to prevent it from disclosing its knowledge of matters

relevant to the investigation or from pursuing the investigation; or (e) materially

impeding ADB’s contractual rights of audit or inspection or access to information.

"Party" or "Parties" refer to either or both ADB and the CONTRACTOR.

“Project Site,” where applicable, means the place or places named in the SCC

where the CONTRACTOR shall provide the Services.

"Related Goods" means those goods necessarily required for or resulting from

providing the Services.

"SCC" refers to the Special Conditions of Contract.

"Service Level Agreement" or "SLA" refers to terms agreed between the Parties

to determine satisfactory performance under the Contract.

“Services” refers to the services specifically described in the SCC.

"User Unit” refers to the organizational unit in ADB which requested procurement

of the Services and Related Goods and is responsible for receiving and

accounting for the Services and Related Goods subject to the provisions of the

Contract.

2. Scope of Contract




2.1. The Services and Related Goods to be performed and delivered are specified in

the SCC. The CONTRACTOR shall perform the Services according to ADB’s

requirements and performance standards specifically described in the SCC and

other Contract Documents during the Contract Period.

2.2. The Services shall include Related Goods or items that are not specifically

mentioned but are necessary to complete performance of the Contract. Specific

Related Goods and additional requirements for complete delivery of the Contract

shall be provided in the SCC, or an Appendix, as may be appropriate.

2.3. The CONTRACTOR is expected to conform to ADB's Environment Policy found

at http://www.adb.org/documents/environment-policy-asian-development-bank;

and to ADB’s Safeguard Policy found at

http://www.adb.org/documents/safeguard-policy-statement. Any other specific

sustainability and environmental requirements, if there are any, shall be specified

in the SCC.

3. Performance and Delivery

3.1. Contract Period. Performance of the Service and delivery of the Related Goods

must be provided within the term and according to the schedule stated in the

SCC.

3.2. Renewal. ADB has the option to renew the Contract for a period of at least one (1)

year, provided ADB sends a written notice to the CONTRACTOR at least thirty

(30) days before the expiration of the on-going Contract. Unless the Contract

Period and Contract Price are successfully renegotiated before expiration of the

on-going Contract, all the terms and conditions shall apply during the renewed

contract period.

3.3. Provisional Extension. If ADB and the CONTRACTOR fail to agree on a new

Contract Price for a renewed contract period before the on-going Contract expires,

the Contract shall be deemed extended for a period of up to six (6) months, at the

election of ADB, under the same terms and conditions as the on-going Contract.

ADB shall send a written notice of provisional extension to the CONTRACTOR

three days before expiration of the on-going Contract, indicating the period of

provisional extension. During the period of provisional extension, the

CONTRACTOR and ADB shall negotiate in good faith and agree on a new

Contract Price.

3.4. Delay. ADB reserves the right to cancel the contract without liability as a result of

CONTRACTOR’s failure to perform its obligations within the specified term.

Delay in performance shall render the CONTRACTOR liable for liquidated

damages provided in Clause 3.5.

Delay may constitute default that may result in termination of the Contract,

forfeiture of the CONTRACTOR’s performance security or performance bond,

and/or award of the Contract to another qualified contractor or substitute

procurement under Clause 20.6.

3.5. Liquidated Damages. If the CONTRACTOR fails to perform the Services or to

deliver the Related Goods within the period(s) specified in the SCC, ADB shall,

without prejudice to its other remedies under the Contract and applicable laws,

deduct from the Contract Price, Liquidated Damages equivalent to a percentage




of the Contract Price for every day of delay until actual performance or delivery.

The actual rate, factor of deduction, and the maximum allowable deduction are

specified in the SCC. Once the maximum allowable deduction for Liquidated

Damages provided above is reached, ADB may consider terminating the Contract

based on the grounds provided herein.

3.6. Extension of Delivery Date. If the CONTRACTOR encounters conditions impeding

timely performance of the Service or delivery of the Related Goods, the

CONTRACTOR shall immediately notify ADB in writing of the probability of delay and

its likely duration and cause(s). ADB shall evaluate the situation and advice the

CONTRACTOR if the Contract Period may be extended.

3.7. Service Level Agreement (SLA). ADB and the CONTRACTOR may execute an SLA

that provides the criteria and the measurement indicators to assess the

CONTRACTOR’s level of performance.

3.8. ADB Assistance. When performance of the obligations in the Contract requires the

CONTRACTOR to obtain permits, approvals, or import and other licenses from local

public authorities, other than those which the CONTRACTOR has warranted to

possess, and the CONTRACTOR requests ADB's assistance in this regard, ADB may

exert best efforts to assist the CONTRACTOR in completing such requirements in a

timely and expeditious manner.

4. Inspection, Evaluation, Acceptance or Rejection

4.1. To confirm that the Services and Related Goods comply with the agreed

performance standards, the CONTRACTOR shall allow ADB to inspect and

evaluate the Services and Related Goods. The CONTRACTOR shall furnish all

reasonable facilities and assistance, including access to data and other relevant

documents at no cost to ADB. Details of the inspection and/or evaluation that

ADB requires, if there are any, shall be specified in the SCC.

4.2. ADB may reject, in whole or in part, the Services and Related Goods when they

are evaluated to be inadequate or not conforming to the required performance

standards. ADB has the right to require CONTRACTOR to rectify, modify,

improve, or repeat the Services and Related Goods at no cost to ADB. Rejected

goods will be returned to the CONTRACTOR or held by ADB for disposition,

both at CONTRACTOR’s risk and expense. ADB may charge CONTRACTOR

the cost of inspecting or re-inspecting rejected Services and/or Related Goods.

4.3. When the performance of the CONTRACTOR falls below the required Performance

Standards, ADB shall compute the corresponding deduction(s) to be applied to

the total Contract Price following the Scheduled Rate of Deductions provided in

the SCC and/or SLA. ADB shall deduct the aforementioned amount from the

CONTRACTOR’S succeeding payments, as applicable.

4.4. The CONTRACTOR’s consent to the inspection and/or evaluation of the Services

and Related Goods shall not release the CONTRACTOR from its warranty

obligations under the Contract. ADB's payment under the Contract shall not be

deemed acceptance of any Services and/or Related Goods delivered.

Acceptance shall not relieve CONTRACTOR of its warranty obligations or

liability for latent defects.

4.5. Acceptance shall be evidenced in writing (certificate of acceptance or completion

issued by the User Unit) and follow the procedures set forth in the SCC or

agreed beforehand between ADB and the CONTRACTOR.




5. Price and Payment

5.1. Contract Price. ADB shall pay the CONTRACTOR the Contract Price on the date

and in the manner provided in the SCC. Unless otherwise specified in the SCC,

the Contract Price is a firm and fixed lump sum that covers actual and contingent

costs, including additional compulsory statutory benefits and social contributions,

that the CONTRACTOR would incur in performing the Services, and shall be tax

free in accordance with Clause 24. The Contract Price shall not vary from the price

that the CONTRACTOR quoted in its Bid, except for any change resulting from a

Contract Price Adjustment in accordance with Clause 5.2 below.

5.2. Contract Price Adjustment. The Parties may agree to adjust the Contract Price

following the price adjustment provisions specified in the SCC. However, the

CONTRACTOR shall not demand price adjustments due to fluctuations in the

foreign exchange rate, increase in the CONTRACTOR’s actual or contingent

costs, or such other similar causes. In case of Contract renewal, the

CONTRACTOR may submit to ADB a written proposal to adjust the Contract Price

for a renewed contract period at least thirty (30) days before the expiration of the

term of the on-going Contract or within ten (10) days from receipt of a notice to

renew from ADB. The Contract Price or rates shall remain unchanged for the

renewed contract period if ADB exercise its option to renew and the

CONTRACTOR does not submit to ADB a proposal to increase the Contract Price

within ten (10) days from receipt of a notice to renew from ADB.

5.3. Additional Services. Should ADB require additional services not covered by the

Work Performance Statement referred to in the SCC, ADB shall pay the

CONTRACTOR for such contingency services in terms of person-hours and/or

materials at the rates/prices that ADB and the CONTRACTOR shall negotiate and

agree when the need arises.

5.4. Payment Procedure. All requests for payment shall be made no later than ninety

(90) days from completion or termination of the Contract, whichever is applicable; failure

to claim during the designated period shall be a bar to claim payment.

The CONTRACTOR’s request(s) for payment shall be made to ADB in writing;

accompanied by an invoice describing the Services performed and Related

Goods delivered; and upon fulfillment of other obligations stipulated in the

Contract.

The CONTRACTOR shall submit such documents supporting the

CONTRACTOR’s invoice, as ADB may reasonably require.

Unless otherwise specified in the SCC, payments shall be made only after the

Head of the User Unit certifies that the Services and Related Goods were

evaluated and found to have been performed and delivered according to the

terms of the Contract.

ADB shall pay promptly and not later than thirty (30) days after the

CONTRACTOR submits a proper invoice. The CONTRACTOR shall accept

payments as full satisfaction of the CONTRACTOR’s entire claim arising out

of or in connection with the Contract.

Advance Payment may be requested equivalent to an amount not exceeding

thirty (30%) percent of the Contract Price and covered by an Advance

Payment Guarantee in the form provided by ADB. Other than the Advance

Payment at the




commencement of the Contract, no payment shall be made for Services and

Related Goods not yet performed or delivered under the Contract, unless with

the prior approval of the Head of the User Unit.

Unless otherwise agreed, ADB shall remit payment of the Contract Price by

electronic transfer. The CONTRACTOR shall provide ADB the

CONTRACTOR’s bank details such as bank name, bank address/branch,

account name, and account number on its invoices or requests for payment.

6. Indemnification for Infringement of Third-Party Rights

The CONTRACTOR agrees, if asked by ADB, to defend ADB against all claims, suits,

actions, or proceedings involving intellectual property infringement in which ADB is

named a defendant or co-defendant, including but not limited to, actual or alleged

infringement of any patent, trademark, copyright, or trade secret, resulting from ADB’s

use of the Services or Related Goods acquired hereunder. The CONTRACTOR also

agrees to pay for any costs of such defense, including legal fees; and further agrees to

pay and discharge any judgments, awards or decrees which may be rendered in any suit,

action, or proceeding against ADB for alleged infringement.

7. Limitation of Liability

Except in cases of gross negligence or willful misconduct:

Neither Party shall be liable to the other Party for any indirect or consequential loss

or damage, loss of use, loss of production, or loss of profits, or interest costs, provided

that this exclusion shall not apply to any obligation of the CONTRACTOR to pay

liquidated damages to ADB; and

The aggregate liability of the CONTRACTOR to ADB, whether under the Contract, in

tort, or otherwise, shall not exceed the amount specified in the SCC, provided that

this limitation shall not apply to the cost of repairing or replacing defective equipment,

or to any obligation of the CONTRACTOR to indemnify ADB with respect to

infringement of third-party rights (Clause 6).

8. Security and Insurance

8.1. General Conditions for Securities and Insurance

8.1.1. The CONTRACTOR shall obtain and maintain such insurance or

securities as the Parties may agree, as indicated in the SCC.

8.1.2. The CONTRACTOR shall furnish evidence that required insurance and/or

securities were taken and are effective for the required period as specified

in the SCC. The CONTRACTOR shall deposit with ADB a copy of the

required securities and/or insurance policy/ies and receipts for payment

of the corresponding premium, as applicable, within the time required, as

provided in the Contract, or as soon as possible.

8.1.3. If the CONTRACTOR fails to take the required insurance or fails to

maintain the same, ADB may make alternative arrangements to protect

ADB's interest, including but not limited to, taking out and maintaining the

required




insurance itself and recovering the cost from the CONTRACTOR by

deducting the same from the Contract Price. The CONTRACTOR shall

cooperate with ADB in this regard and provide the necessary consents

and other requirements when required by the insurance provider or ADB.

8.1.4. OAPC, in coordination with the User Unit, shall monitor compliance with

these requirements.

8.2. Performance Security or Performance Bond

8.2.1. To secure performance of its obligations under the Contract, the

CONTRACTOR shall post sufficient security, as follows:

For contracts valued at US $ 250,001 and above, the

CONTRACTOR shall post a performance security worth at least ten

percent (10%) of the total Contract Price, or as indicated in the SCC;

and

For contracts valued at US $ 250,000 or less, the CONTRACTOR

shall post a performance bond equivalent to one hundred percent

(100%) of the Contract Price, or as indicated in the SCC.

8.2.2. For contracts valued at US $ 250,001 and above, the performance

security shall be in one of the following forms:

Cashier’s check, manager’s check, or bank draft;

Bank guarantee or an irrevocable stand-by letter of credit issued by

a reputable bank in Manila, Philippines or abroad and acceptable to

ADB;

Sovereign guarantee in the amount of one hundred percent

(100%) of the Contract Price; or

Such form as may be specified in the SCC.

8.2.3. The performance security or performance bond shall be denominated in

Philippine Pesos or US Dollars, or in a freely convertible currency

acceptable to ADB.

8.2.4. The CONTRACTOR shall submit the performance security or

performance bond within ten (10) days from signing of the Contract,

unless otherwise specified in the SCC.

8.2.5. Unless otherwise specified in the SCC, ADB shall discharge and return

the performance security or performance bond to the CONTRACTOR not

later than thirty (30) days following the date of complete performance of

the CONTRACTOR’s obligations under the Contract, as evidenced by the

issuance of ADB Certificate of Completion/Acceptance.

8.2.6. ADB shall have the right to unilaterally call the performance security or

performance bond when ADB determines that:

The CONTRACTOR, in violation of or contrary to its warranties

under the Contract, does not have the required license, permit,




power and/or authority to enter into and fully perform its obligations

under the Contract;

The CONTRACTOR failed to submit to ADB the Good Social

Management Certificate included among the Contract Documents;

misrepresented or made false statements in the Certificate; or failed

to fulfill any of its warranties and obligations under the Contract; or

The CONTRACTOR breached the Contract and failed to remedy

the breach, if ADB deems such breach remediable, within seven (7)

days from receipt of notice from ADB.

8.3. General Liability Insurance and Indemnity

8.3.1. Before commencing performance, the CONTRACTOR may be required

to acquire Comprehensive General Liability Insurance taking into account

such conditions acceptable to ADB, including, but not limited to the

following:

The CONTRACTOR shall be liable for and shall indemnify and hold

ADB harmless against the costs of claims against ADB arising out

of injury to or death of any person, or any loss of or damage to

property, including the property of ADB, due to the fault or

negligence of the CONTRACTOR or persons acting for the

CONTRACTOR.

Unless otherwise provided in the SCC, the face value of the

insurance shall not be less than Pesos Two Million Five Hundred

Thousand (P2,500,000.00) for each occurrence, and the insurance

shall be automatically renewed after the face value has been

expended. In no case shall the value of the insurance be lower than

the total Contract Price, if the total Contract Price is lower than

Pesos Two Million Five Hundred Thousand (P2,500,000.00).

8.3.2. The CONTRACTOR shall indemnify and hold ADB free and harmless from

any and all claims made by CONTRACTOR’s personnel under labor laws

and other related legislation, including but not limited to, the minimum

wage law.

9. Warranties and Representations

9.1. Unless expressly exempted by ADB, the CONTRACTOR warrants that the

CONTRACTOR and its Subcontractors, if any, is from an ADB Member Country;

that the Services and Related Goods provided by it are sourced from ADB Member

Countries; and that the CONTRACTOR will continue to be the same for the duration

of the Contract.

9.2. The CONTRACTOR warrants that it has full capacity, authority and consent, including

the consent of its parent company, where applicable, and that it possesses the

necessary licenses, permits, and power to execute and perform its obligations under

the Contract. The CONTRACTOR further warrants that the Contract is executed by

the Authorized Representative of the CONTRACTOR.

9.3. All information contained in the CONTRACTOR's bid is true, accurate, and not

misleading.




9.4. To the best of the CONTRACTOR's knowledge and belief, no claim is being asserted

and no litigation, arbitration or administrative proceeding is presently in progress,

pending or being threatened against the CONTRACTOR or any of its assets that could

materially and adversely affect the CONTRACTOR's ability to deliver the Services and

Related Goods under the Contract.

9.5. The CONTRACTOR is not subject to any contractual obligation that would materially

and adversely affect the CONTRACTOR's ability to deliver the Services and Related

Goods under the Contract; nor has the CONTRACTOR done or omitted to do anything

that could materially and adversely affect its assets, financial condition, or position as

a going business concern.

9.6. The CONTRACTOR has not filed or is not facing any proceeding for winding up its

business, or for dissolution, insolvency, bankruptcy, or the appointment of a receiver,

liquidator, administrator, or similar officer in relation to any of the CONTRACTOR’s

assets or revenue. The CONTRACTOR expressly warrants its financial viability and

shall permit ADB to inspect the CONTRACTOR’s accounts, financial statements and

other records relevant to the performance of the CONTRACTOR under the Contract,

or otherwise have these accounts and records audited externally, as ADB may deem

necessary.

9.7. The CONTRACTOR has undertaken all financial accounting and reporting activities

required under generally accepted accounting principles that apply to the

CONTRACTOR and in the country where it is registered and has complied with

applicable securities and tax laws and regulations.

9.8. The CONTRACTOR warrants that Services and Related Goods delivered and/or

performed under this Contract are: (a) free from defects in material and workmanship; fit and sufficient for the purposes intended with due skill and care; and (c) in strict

conformance to applicable standards. The warranties specified herein shall be in addition

to any other warranties, express, statutory, or implied. This warranty shall survive ADB's

evaluation, acceptance, and payment. ADB's continued use of the Services and/or the

Related Goods after notifying CONTRACTOR of failure to conform to the Contract or

breach of warranty will not be considered a waiver of ADB's right to a remedy.

9.9. To ensure that the CONTRACTOR would correct or cause the correction of all defects,

the CONTRACTOR provides warranty against defects for a minimum period of three

(3) months for supplies and one (1) year for equipment, counted from complete

performance of the Contract or other period as may be specified in the SCC. At the

CONTRACTOR’s option, the warranty shall be secured by retention of at least ten

percent (10%) of every progress payment, or a special bank guarantee of at least ten

percent (10%) of the total Contract Price, or such amount as may be specified in the

SCC. The security shall be released only after the lapse of the warranty period, after

the Services and Related Goods provided are confirmed to be free from patent and

latent defects, and all the conditions imposed under the Contract have been fully met.

9.10. ADB shall promptly notify the CONTRACTOR in writing of any claim arising under any

or all of the express and implied warranties provided in the Contract. The

CONTRACTOR shall, within three (3) days from receipt of the notice, repeat or

replace the defective Services and/or Related Goods or parts thereof, without costs

to ADB.

9.11. If the CONTRACTOR, after notice, fails to remedy the defect(s) as provided in the

preceding clause, ADB may take necessary remedial action at the CONTRACTOR’s

risk and expense and without prejudice to any other right that ADB may have against

the CONTRACTOR under the Contract and other applicable laws.




10. Contractor’s Undertakings

10.1. The CONTRACTOR shall immediately notify ADB in writing when:

the CONTRACTOR merges with, is acquired, or transfers all or substantially

all its assets to another entity;

a third person or entity acquires directly or indirectly the majority of equity

securities and, consequently, the power to elect a majority of the board of

directors of the CONTRACTOR; or otherwise acquires directly or indirectly the

power to control the policy making decisions of the CONTRACTOR;

the CONTRACTOR is dissolved; applies for insolvency or bankruptcy; or

otherwise admits in writing its inability to pay its outstanding obligations;

the CONTRACTOR is administratively or judicially declared insolvent or

bankrupt, placed under receivership, administration, rehabilitation or

liquidation;

the CONTRACTOR’s financial condition becomes significantly unstable and

threatens to jeopardize the CONTRACTOR’s ability to perform its obligations

under the Contract;

the CONTRACTOR loses any license or authorization required to perform its

obligations under the Contract; or

the CONTRACTOR faces any event beyond the control of the CONTRACTOR

or a situation that makes it impossible for the CONTRACTOR to carry out its

obligations under the Contract.

ADB and the CONTRACTOR shall explore alternative arrangements to

implement the Contract under any or all of the above circumstances.

10.2. The CONTRACTOR shall not pay any commissions, or fees; grant any rebates or

give gifts or favors; or otherwise enter into any financial or business arrangements

with ADB personnel or their dependents during the effectivity of the Contract.

10.3. The CONTRACTOR is an independent contractor of ADB. The Contract shall not

nor be deemed to create the relationship of employer and employee, master and

servant, or principal and agent between ADB and the CONTRACTOR or the

CONTRACTOR’s employees, agents or any other persons engaged by the

CONTRACTOR to perform its obligations under the Contract. Accordingly, neither

Party shall be authorized to act in the name or on behalf of, or otherwise bind the

other Party, save as expressly permitted by the terms of the Contract.

10.4. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify and

hold harmless ADB, its officers, directors, employees and agents from and against

all claims, suits, damages and losses, including reasonable attorneys' fees and

expenses, that arise from CONTRACTOR’s negligence, wrongful acts or

omissions, or breach of the terms of this Contract.

10.5. The CONTRACTOR shall diligently perform all its obligations under the Contract,

observe good social management practices, and comply with relevant laws,

regulations, decrees and orders of competent government agencies or authorities.




10.6. The CONTRACTOR shall submit to ADB the Good Social Management Certificate

[Ref. to Appendix XX: Form of Good Social Management] within fifteen (15) days from the date of the Contract, and whenever required, as indicated in the SCC. In

case of failure to submit the Good Social Management Certificate or violation of

good social management practices by the CONTRACTOR, ADB in its discretion

shall deduct from any or all payments payable to the CONTRACTOR a sum of up

to thirty percent (30%) of the invoice value or Contract Price as a non-refundable

penalty, without prejudice to other remedies or measures that ADB may avail of

under the Contract. The CONTRACTOR undertakes that it shall not directly or

indirectly pass the penalty above, entirely or in part, to its employees.

10.7. In addition to the Good Social Management Certificate, and as evidence of

compliance with labor, social welfare, and environment laws and regulations, the

CONTRACTOR shall submit to OAPC a certification that the Services and Related

Goods subject of the Contract were not manufactured in violation of local and

international labor, occupational safety, and environmental standards.

10.8. CONTRACTOR and all subcontractors shall use reasonable efforts to ensure that

funds paid by ADB to CONTRACTOR and all subcontractors are not used to

finance, support or conduct terrorism.

For CONTRACTORS providing on-site services.

10.9. The CONTRACTOR shall at all times provide ADB with an adequate number of

qualified and experienced managerial, service, and support staff, as appropriate,

to perform the Services and/or deliver the Related Goods in accordance with the

Contract, the CONTRACTOR shall supervise and control the CONTRACTOR’s

personnel at all times, but ADB may reject or recommend re -assignment of

CONTRACTOR’s personnel when ADB finds their qualifications insufficient or

inconsistent with the qualifications required in the Contract.

10.10. The CONTRACTOR shall, at its own expense, provide its personnel with uniforms

acceptable to ADB. Such uniforms shall afford adequate protection from the usual

working hazards encountered by the CONTRACTOR’s personnel; distinctly

identify the CONTRACTOR’s personnel apart from ADB personnel; and be neat

and worn properly at all times by the CONTRACTOR’s personnel during the

performance of the CONTRTACTOR’s obligations under the Contract.

10.11. The CONTRACTOR and its personnel shall behave according to generally

acceptable standards in delivering the Services and Related Goods. The

CONTRACTOR and its personnel shall also comply with ADB's Safety and

Security Regulations and other regulations concerning the movement and

conduct of persons on ADB premises, including but not limited to, the requirement

to wear appropriate identification cards while inside ADB premises (Ref to Appendix xx: ADB Safety and Security Procedures).

10.12. ADB reserves the right to refuse entry into or remove from ADB Premises

CONTRACTOR and its personnel who, in ADB's judgment, are under the

influence of alcohol or other drugs or, for any reason, are deemed incapable of

safely and reliably performing assigned work or whose behavior does not conform

to generally accepted standards.

10.13. CONTRACTOR and its personnel who commit an offense on ADB Premises shall

be removed from ADB Premises and/or surrendered to local law enforcement

authorities. For this purpose, the CONTRACTOR recognizes the authority of




OAOD-SBG to summon CONTRACTOR and/or its personnel for investigation.

Such offenses include, but are not limited to, the following:

Theft/Pilferage. Removing or attempting to remove from ADB Premises,

without gate pass or authority to do so, ADB property, regardless of the

condition or value of such property; or stealing personal property while on ADB

premises.

Damage or Disruption. Deliberately or through culpable negligence disrupting ADB operations, and/or otherwise causing damage to or destroying ADB’s

property.

Drunkenness/Alcoholism. Consuming intoxicating beverages on ADB

Premises or reporting for work under the influence of alcohol.

Using Prohibited Drugs. Includes possessing, pushing, consuming or

otherwise using prohibited drugs, hallucinogenic substances or narcotics on

ADB premises.

Gambling. Gambling in any form while on ADB premises.

Violence. Using force, physical assault, coercion, threat, intimidation,

extortion, bribery, or engaging in other unlawful activities with ADB or non-ADB

personnel for any purpose whatsoever.

Possessing Firearms and other deadly weapons. Carrying firearms, licensed

or unlicensed, and/or other deadly weapons while on ADB premises.

10.14. The CONTRACTOR and its personnel shall not loiter and shall remain within the

location(s)/area(s) where they are authorized to be and/or are assigned; except

the CONTRACTOR and its personnel may use ADB's cafeteria for meals while on

duty. The CONTRACTOR and its personnel should leave ADB premises within a

reasonable time after completing Delivery and/or performance of its obligations.

10.15. The CONTRACTOR shall comply with health and safety measures of ADB. The

CONTRACTOR shall promptly notify ADB of any health and safety hazards which

may arise in connection with the performance of its obligations under the Contract.

ADB shall promptly notify the CONTRACTOR of any health and safety hazards

which may exist or arise in ADB's premises and which may affect the

CONTRACTOR in performing its obligations under the Contract.

10.16. The CONTRACTOR shall immediately notify ADB of any untoward incident

occurring in connection with or as a result of performing its obligations under the

Contract on ADB premises, particularly where the incident may cause personal

injury or damage to property.

11. Use of ADB Property

11.1. Machines, equipment, and other items that ADB issues to the CONTRACTOR,

as indicated in the SCC, shall remain the property of ADB; and ADB may

recover them from the CONTRACTOR at any time. The CONTRACTOR shall

not, under any circumstance, have a lien or any other interest on such machines

or equipment; and the CONTRACTOR shall at all times possess them only as

fiduciary agent and bailee of ADB.




11.2. All machines, equipment, and other items property of ADB and at the possession

of the CONTRACTOR shall be the responsibility of the CONTRACTOR:

The CONTRACTOR shall keep an inventory of all items placed under his

control and/or possession;

The CONTRACTOR shall be responsible for proper care and maintenance of

the machines and equipment;

The CONTRACTOR shall insure the machines and equipment with such

specific insurance as ADB might request, and as stated in the SCC; and

The CONTRACTOR shall not commingle the machines or equipment with its

own, and shall accordingly advise all sub-contractors and other interested third

parties of ADB’s ownership of such machines or equipment.

11.3. The CONTRACTOR shall compensate ADB for the loss of or damage to machines

or equipment that ADB has provided to the CONTRACTOR when ADB finds that

the loss or damage resulted from the willful act or gross negligence of the

CONTRACTOR or the CONTRACTOR’s personnel. Upon expiration or

termination of the Contract, the CONTRACTOR shall immediately return, without

need of demand, the machine(s)/equipment that ADB had supplied.

12. Confidentiality; Use of Contract Documents and Information; Publicity

12.1. Any information, contractual provisions, documents, data, or other information

furnished directly or indirectly by the other Party in connection with the Contract,

whether such information has been furnished prior to, during or following

completion or termination of the Contract, shall be considered as confidential

information. Subject to Clause 12.6, confidential information shall not be

disclosed to any third party without the written consent of the other Party. This

obligation shall remain in force after termination or expiry of the Contract. In this

regard, ADB may request the CONTRACTOR to execute a Non-Disclosure

Agreement. Notwithstanding the above, the CONTRACTOR may furnish to its

Personnel and/or Subcontractor such documents, data, and other information it

receives from ADB to the extent required for the Personnel and/or Subcontractor

to perform its work under the Contract, in which event the CONTRACTOR shall

obtain from such Personnel and/or Subcontractor an undertaking of

confidentiality similar to that imposed on the CONTRACTOR under this Clause.

12.2. ADB shall not use documents, data, and other information received from the

CONTRACTOR for any purpose unrelated to the Contract. Similarly, the

CONTRACTOR shall not use documents, data, and other information received

from ADB for any purpose other than for the fulfillment of its obligations under

the Contract.

12.3. The obligation of a Party under Clauses 12.1 and 12.2 above, however, shall not

apply to information that:

now or hereafter enters the public domain through no fault of that Party;




can be proven to have been possessed by that Party at the time of

disclosure and which was not previously obtained, directly or indirectly, from

the other Party; or

otherwise lawfully becomes available to that Party from a third party that has

no obligation of confidentiality.

12.4. The CONTRACTOR shall not make any press announcement; publicize the

Contract or any part thereof; or use ADB's name in publicity releases or

advertisements during and after the term of the Contract, except with ADB's

written consent and subject to the conditions set forth by ADB. Similarly, the

promotion through exhibitions or otherwise of CONTRACTOR’s role in an ADB

contract, or of the results therefrom, shall require prior consultation between the

Parties.

12.5. The CONTRACTOR shall keep and maintain until six (6) years after the end of the

Contract Period, or as long a period as may be agreed between the Parties, full

and accurate records of the Contract including the Services and Related Goods

supplied and all payments made under the Contract. The CONTRACTOR shall

extend to ADB or its representatives’ access to those records that ADB may

request in connection with the Contract.

12.6. ADB reserves the right to publish relevant details of Contract awards with value of

at least US$500,000 on the Institutional Procurement page of ADB’s external

website.

13. Conflict of Interest

13.1. The CONTRACTOR shall avoid situations of potential or actual conflict of interest.

Pursuant to ADB’s Anticorruption Policy, conflict of interest is any situation in

which a party has interests that could improperly influence that party’s

performance of official duties and responsibilities, contractual obligations or

compliance with applicable laws and regulations. The CONTRACTOR shall

disclose to ADB any such conflict of interest that may arise.

13.2. During and twelve (12) months after the Contract Period, the Parties shall not

employ or offer employment to any of the other Party’s personnel who have

been associated with the procurement and/or management of the Contract

without that other Party’s prior written consent.

14. Integrity Violations

14.1. The CONTRACTOR agrees to be bound by ADB’s Anticorruption Policy and the

Integrity Principles and Guidelines (both amended from time to time) and which

may be found at http://www.adb.org/documents/anticorruption-

policy?ref=site/integrity/publications and http://www.adb.org/documents/integrity-

principles-and-guidelines?ref=site/integrity/publications, respectively.

14.2. ADB's Anticorruption Policy requires that bidders, manufacturers, suppliers,

distributors, concessionaire, and contractors, or its successor, under ADB-

financed contracts, as well as their staff, to observe the highest ethical standard.

14.3. Pursuant to its Anticorruption policy, ADB:




may cancel or terminate a contract awarded to a winning bidder that has

committed an integrity violation in competing for or in executing the contract in

question.

will sanction a bidder, manufacturer, supplier, distributor, service contractor,

concessionaire or its successor, as well as their staff, if ADB at any time

determines that such bidder, supplier, service contractor, concessionaire or its

successor and staff have committed an integrity violation in competing for, or

in executing, any contract for the institutional procurement of Goods and

Related Services. Sanctions include, but are not limited to, declaring such

bidder, supplier, service contractor, concessionaire or its successor and staff

ineligible to participate in ADB-financed activities indefinitely or for a stated

period of time except under such conditions as ADB deems appropriate; or

reimbursement to ADB of costs associated with investigations and

proceedings.

will take appropriate actions to manage conflicts of interest including, but not

limited to, rejecting a proposal for award if it determines that a conflict of

interest has flawed the integrity of any procurement process.

14.4. The CONTRACTOR, as well as their employees or agents, shall respond to

questions or to produce any document necessary for the investigation of

allegations of integrity violation conducted by ADB.

14.5. The CONTRACTOR, as well as their employees or agents, shall report to OAI

suspected integrity violations of which they have knowledge or become aware in

relation to the bidding process, negotiation, or execution of their contract.

15. Inspections and Audits

The CONTRACTOR shall permit ADB to inspect the CONTRACTOR’s accounts and

records relating to the performance of the CONTRACTOR and to have them audited by

auditors appointed by ADB, if so required by ADB.

16. Assignment and Subcontracting

16.1. The CONTRACTOR shall not assign or transfer the Contract or specific rights or

obligations under it without ADB’s prior written consent.

16.2. With ADB’s prior written consent, and when allowed by the nature of the Services

and Related Goods or not prohibited in the SCC, and subject to applicable labor

laws, the CONTRACTOR may engage a subcontractor or a consultant to deliver

the Services and Related Goods. The relevant provisions of the Contract shall

apply to the subcontractor, consultant or their respective employees, as if they

were employees or representatives of the CONTRACTOR. The CONTRACTOR

shall be solely liable to ADB for the Services and Related Goods delivered by

the subcontractor or consultant.

16.3. ADB may require the CONTRACTOR to submit copies of the sub-contracting

and/or consultancy agreements.

17. Transition




17.1. Sixty (60) days prior to the termination of the Contract, or such number of days as

may be provided in the SCC, the CONTRACTOR shall cooperate with ADB to

ensure a smooth, well-organized, and seamless transition to a new Contractor or

provider of Services. The CONTRACTOR agrees to be bound by the following:

The CONTRACTOR shall submit a business continuation or transition plan,

which it shall implement after approval by ADB;

The CONTRACTOR shall return and/or account for all equipment, facility, or

property of ADB, including documents and other information in the possession

of the CONTRACTOR;

The CONTRACTOR shall transfer any relevant technology, knowledge, or

information necessary for the continuation of the provision of Services.

17.2. ADB and the CONTRACTOR shall agree on other conditions necessary for the

uninterrupted provision of Services.

18. Contract Amendment

18.1. ADB reserves the right to issue written changes to the Contract. No modification

of this Contract shall be valid unless in writing and signed by the Parties’

Authorized Representatives.

18.2. The CONTRACTOR may submit to OAPC, a written proposal to amend and/or

modify the Contract. Proposals to amend may include, but not be limited to,

changes in the kind of Services, payment terms, change request, or completion

schedule. The proposed amendment and/or modification shall not take effect

until signed by the Parties’ Authorized Representatives.

19. Settlement of Disputes

19.1. ADB and the CONTRACTOR shall exert effort to amicably resolve by mutual

consultation disputes arising between them in connection with or as a result of

the Contract within thirty (30) days from either Party's notice of the dispute to the

other. During this period, the User Unit, in consultation with OAPC, and the

CONTRACTOR's personnel directly involved should first attempt in good faith to

settle the dispute among themselves before escalating it to Principal Director,

OAS and his/her counterpart(s).

19.2. After the initial thirty (30) day-period, the Parties shall consider referring

unresolved disputes to mediation, unless ADB considers the dispute not suitable

for mediation or the CONTRACTOR does not consent. The Parties shall appoint

a neutral mediator from a reputable association of accredited mediators or their

own short-list of dispute resolution professionals. The mediator shall formulate a

simplified procedure for mediation and complete the mediation within fifteen (15)

days from his appointment.

19.3. Should efforts to resolve disputes under the preceding clauses fail, either Party

shall commence arbitration by sending notice to the other Party stating in detail

the issue to be resolved and that the dispute shall be referred to arbitration. The

International Chamber of Commerce's (ICC) Rules of Arbitration in force upon

commencement of arbitration shall apply. The arbitration shall be in English and




shall take place as may be specified in the SCC. Each Party shall bear its own

costs.

19.4. Notwithstanding unresolved disputes, the Parties shall continue to perform their

respective obligations under the Contract or otherwise adopt provisional

measures to ensure uninterrupted delivery of the Goods.

20. Termination

20.1. Termination for Convenience. ADB may terminate this Contract in whole or in part

at any time if ADB determines, in its sole and absolute discretion that a

termination is in its best interests. ADB shall affect the termination by sending

written notice of such termination to the CONTRACTOR, which notice shall state

that termination is for ADB’s convenience, the extent to which performance is

terminated, and the termination date. The CONTRACTOR shall be entitled to be

paid for Services and Related Goods properly delivered and/or performed by the

CONTRACTOR prior to the effective date of termination, or for Services and

Related Goods already acquired or manufactured but not yet delivered, upon

delivery thereof to ADB. The CONTRACTOR shall also be allowed to recover,

on a quantum meruit basis, and as ADB and the CONTRACTOR may agree,

partial losses from liabilities and commitments arising from the Contract, after

satisfactory proof of the losses to ADB and within the limit of the total Contract

Price.

20.2. Termination for Default. ADB shall terminate the Contract for default when:

The CONTRACTOR fails and/or delays to deliver the Services and Related

Goods on the Delivery Date or Dates or within the extended period granted by

ADB under Clause 3; and the undelivered Services and Related Goods

amount to at least ten percent (10%) of the Contact Price;

In case of Force Majeure, the CONTRACTOR fails to deliver the Services and

Related Goods amounting to at least ten percent (10%) of the Contract Price

within sixty (60) days from receipt of written notice from ADB informing the

CONTRACTOR that the Force Majeure had ceased; or

The CONTRACTOR fails to perform any other obligation under the Contract.

20.3. Termination For Insolvency and Change of Control

20.3.1. ADB may terminate the Contract when:

The CONTRACTOR undertakes legal proceedings to dissolve or

wind up its business, or be declared bankrupt and/or insolvent;

A creditor or encumbrancer attaches or takes possession of, or a

distress, execution, sequestration or other such process is levied or

enforced on or sued against, the whole or any part of the

CONTRACTOR's assets and such attachment or process is not

discharged within fifteen (15) days; or

Where applicable, the CONTRACTOR dies or otherwise loses legal

capacity to contract.




20.3.2. Termination for insolvency shall not entitle the CONTRACTOR to

compensation other than for Services and Related Goods already

delivered.

20.3.3. ADB may terminate the Contract for change of control when a significant

change in the ownership and/or control of the CONTRACTOR threatens

to disrupt or adversely affect delivery of the Goods and provision of

Related Services:

the CONTRACTOR merges with, acquires, or transfers all or

substantially all its assets to another entity;

any person or entity acquires directly or indirectly the beneficial

ownership of the CONTRACTOR and, consequently, the power to

elect a majority of the board of directors of the CONTRACTOR; or

any person or entity otherwise acquires directly or indirectly the

power to control the policy making decisions of the CONTRACTOR.

20.4. Termination for Unlawful Acts

20.4.1. ADB may terminate the Contract if ADB determines that the

CONTRACTOR has committed unlawful acts during the procurement of

the Services and Related Goods or in the implementation of the Contract.

Unlawful acts include, but are not limited to the following:

Integrity Violations as defined herein;

Using adulterated materials, and/or corrupt means or methods; or

using production methods contrary to the rules of science or trade;

Any of the offenses enumerated in Clause 10.13 above; or

Other acts analogous to the foregoing.

20.5. Termination for Other Causes. ADB may terminate the Contract, in whole or in

part, at any time and for other causes, such as but not limited to, violation of

human rights, violation of social and environmental policies of ADB, or violation of

any other policy or principle espoused by ADB. ADB may also terminate the

Contract due to changes in law or national government policies that apply to the

CONTRACTOR.

20.6. Substitute Procurement. When ADB terminates the Contract in whole or in part,

due to the fault of the CONTRACTOR, ADB may procure similar Services and

Related Goods and the CONTRACTOR shall be liable for any additional or

increased cost that ADB may incur as a result of the substitute procurement,

without prejudice to other remedies available to ADB under the Contract. In case

of partial termination, the CONTRACTOR shall continue performing its obligations

provided under parts of the Contract that remain effective.

20.7. Procedures for Termination.

20.7.1. Upon finding ground(s) for termination, OAPC shall issue a written notice

to the CONTRACTOR stating:




That the Contract is recommended for termination, with summary

statement of the acts/omissions that constitute the ground(s) for

termination;

The recommended extent of termination, whether in whole or in part;

Special instructions of ADB, if there are any; and

Effective date of termination.

20.7.2. The CONTRACTOR may immediately submit an answer to OAPC stating

why the Contract should not be terminated.

20.7.3. When served with a decision to terminate the Contract, and unless

otherwise provided in the notice, the Contract shall be deemed terminated

immediately upon the CONTRACTOR's receipt of the notice. ADB may

withdraw the Notice to terminate any time prior to service to the

CONTRACTOR if ADB determines that the CONTRACTOR already

completed delivery of the Services and Related Goods and delivery is

deemed acceptable to ADB.

21. Force Majeure

21.1. Neither Party shall be liable to the other for any delay in performing, or failure to

perform, its obligations under the Contract when the delay or failure is caused by

Force Majeure or Fortuitous Event, as defined in Clause 1. In these cases, ADB

shall not call the CONTRACTOR’s performance security or performance bond,

impose liquidated damages, or terminate the Contract for default.

21.2. In case of Force Majeure, the CONTRACTOR shall promptly notify ADB in writing

of the relevant circumstances. Unless otherwise directed by ADB in writing, the

CONTRACTOR shall continue performing as much of its obligations as

reasonably practical and undertake reasonable alternative means of

performance not prevented by the Force Majeure.

22. Authorized Representative

22.1. For purposes of giving Notices or communicating with each other, the contact

details and Authorized Representative of the Parties shall be as indicated in the

SCC. A Party may change or update its contact details for Notice purposes by

duly notifying the other Party in advance, following the provisions listed in the

SCC.

22.2. Orders, directives, and instructions given on behalf of ADB to the CONTRACTOR

shall be communicated by the Director, OAIS, or an officer duly designated

under ADB’s rules and notified in advance to the CONTRACTOR under the

SCC.

22.3. The Head of the User Unit shall monitor the CONTRACTOR's performance and

recommend, among others, proper disposition of technical issues in

implementing the Contract. Communications regarding these technical issues

shall be addressed to the Head of the User Unit in ADB.




22.4. The CONTRACTOR shall not take from unauthorized ADB staff orders related to

the delivery of the Services and Related Goods. Questions regarding the

authority of orders, directives or instructions given in the name of ADB should be

addressed to the Head of the User Unit.

23. Notices and Communication

23.1. Notices and communication required under the Contract, including, but not limited

to, requests, permissions or consent, shall be in writing. Notices and

communication may be personally exchanged, sent in electronic format or by

traditional means of communication such as registered mail or facsimile.

23.2. Notices shall be effective when sent to the address specified in the SCC and

personally received by the addressee or constructively through the addressee’s

duly authorized representative. Notices sent by registered mail shall be effective

on the date of delivery, as shown in the return card for registered mail or the

postmaster's certification. Otherwise, notices sent by facsimile or similar means

shall be effective upon successful transmission to the Party in accordance with

the contact details specified in the SCC or on the notice’s effective date,

whichever is later.

24. Special Character, Privileges and Immunities of ADB

24.1. The CONTRACTOR acknowledges the special character of ADB as an

international financial institution with status, privileges and immunities provided

under the Charter and the Headquarters Agreement. None of the provisions of

the Contract shall derogate from the provisions of the Charter and the

Headquarters Agreement.

24.2. The CONTRACTOR recognizes that under Article 56(1) of the Charter and

Section 34 of the Headquarters Agreement, ADB, its property, operations and

transactions are exempt from taxation and any obligation for the payment,

withholding or collection of any tax or duty. The CONTRACTOR shall be solely

responsible for payment of taxes on its income.

24.3. The CONTRACTOR and ADB shall explore alternative arrangements to

implement the Contract if any tax or duty other than taxes on net income is

levied or if there is an attempt to levy any such tax or duty in connection with the

performance of the Contract.

25. Governing Law and Language

25.1. The Contract shall be governed and interpreted according to the law or jurisdiction

provided in the SCC, subject to the privileges and immunities accorded to ADB

under the Charter and the Headquarters Agreement.

25.2. The Contract is in English, which shall be the binding and controlling language on

matters relating to the meaning and/or interpretation of the Contract, unless

otherwise specified in the SCC. Notices and other correspondences pertaining to

the Contract that the parties would exchange shall likewise be in English.




26. Waiver

26.1. The failure or delay of either Party to insist upon strict performance of any

provision, or the exercise of any right or remedy under the Contract shall not

constitute a waiver of that right or remedy nor diminish the obligations

established by the Contract.

26.2. No waiver shall be effective unless it is expressly stated to be a waiver and

communicated to the other Party in writing.

26.3. A waiver of any right or remedy arising from a breach of the Contract shall not

constitute a waiver of any other right or remedy arising from the same, another, or

subsequent breach of the Contract.

27. Counterpart

27.1. This Contract may be executed in counterparts, each of which when executed and

delivered shall constitute an original, but all counterparts together shall constitute

one and the same instrument.

28. Entirety and Separability

28.1. The Contract supersedes all prior written or verbal agreements between ADB and

the CONTRACTOR and contains the reciprocal obligations of the parties

pertaining to or arising out of the delivery of the Services and Related Goods.

However, this shall not excuse any Party from liability arising from fraud or

fraudulent misrepresentation.

28.2. Should any clause or part of the Contract be held by a competent jurisdiction to

be invalid, unenforceable, or void, the decision shall not affect the validity of the

entire Contract or of those parts that are not so declared or otherwise remain

capable of partial or separable performance.

29. Survival of Provisions

29.1. The following provisions shall survive the termination or expiry of the Contract:

Clause 6: Indemnification for Infringement of Third-Party Rights

Clause 7: Limitation of Liability

Clauses 9.8, 9.9, 9.10, and 9.11: Warranties and Representations

Clause 10.4: Contractor’s Undertakings

Clause 11: Use of ADB Property

Clause 12: Use of Contract Documents and Information; Publicity

Clause 13.2: Conflict of Interest

Clause 14: Integrity Violations




Clause 15: Inspections and Audits

Clause 19: Settlement of Disputes

Clause 24: Special Character, Privileges and Immunities of ADB

Clause 25: Governing Law and Language

Asian Development Bank Appendix 11 – Special Conditions of Contract



Special Conditions of Contract

SPECIAL CONDITIONS OF CONTRACT (Contract No. ADB/OAS-2020/__)

The following Special Conditions of Contract (SCC) shall supplement the General Conditions of

Contract (GCC). Whenever there is conflict, the provisions herein shall prevail over those in the

GCC.

Number of Amendments of, and Supplements to, Clauses in the General GCC Clause Conditions of Contract

1 Contract Title:

Engagement of Indefinite Delivery Indefinite Quantity (IDIQ) Contract

Services—Staff Augmentation and/or Deliverable-Based Services

Attachments of SCC:

SCC Attachment 1 – Ethical Statement for Contractor

SCC Attachment 2 – Ethical Statement for Contractor’s Personnel

SCC Attachment 3 – Conflict of Interest Disclosure Form

SCC Attachment 4 – Non-Disclosure Agreement Form for Authorized

Contractor Signatory

SCC Attachment 5 – Non-Disclosure Agreement for Contractor’s Personnel

1 The SERVICE PROVIDER/CONTRACTOR is:

1 Project Site: Asian Development Bank

1 User Unit: Office of Administrative Services, Facilities Planning and

Management Unit (OAFA-FM)

2.1

The CONTRACTOR shall deliver/perform the Service and Related Goods

according to Appendix 1 of Contract: Statement of Work; together with

specific Task Orders (template to follow) awarded.

Performance Standards:

The CONTRACTOR shall render the Services according to:

Appendix 1 of Contract: Statement of Work and specific Task Orders Attachment 10: Service Level of Agreement, Appendix 1 of Contract

2.2 Not applicable

2.3 Not applicable

3.1

This Contract is an Indefinite Delivery Indefinite Quantity engagement for a

period of four (4) years. The Service Provider is part of the pool of

Contractors for the subject service. Specific task orders are non-committal,

and is on a per need basis, and awarding is subject to the conditions of

evaluation under the Work Performance Statement.

Engagement of non-performing CONTRACTOR may be pre-

terminated based on the result of the Service Level Agreement assessment

and provisions in GCC on Termination.




The Starting Date for the commencement of Services is ___________ .

The Intended Completion Date is 2 June 2024.


3.5 For deliverable-based services, the liquidated damages rate 0.1% of Contract Price per day of delay. The maximum allowable deduction is 10% of the Total Contract Price

CONTRACTOR personnel who render services in ADB shall receive a 5.1 minimum of 70% of the applicable hourly rate. The 70% covers basic salary

and other benefits, if any, including but not limited to:

13th

Month pay Government mandated benefits (SSS, Philhealth, Pagibig) Leave (Sick Leave, Vacation Leave, Staff Development, etc.) Allowance (Transportation, Optical, Rice, Communication, etc.) Health Maintenance Organization (HMO) Bonus (Mid-year, Year-end, Project, Performance, etc.)

Reported incidents of violation on the rate distribution shall be verified by ADB. CONTRACTOR will be given a maximum of thirty (30) days to correct the distribution retroactively.

5.4 Payment shall be made within 30 calendar days from the date of receipt of covering invoice in a form satisfactory to ADB. The payments under this Contract shall be accepted by the Contractor in full satisfaction of its entire claim for Services rendered in compliance with this Contract.

7 Maximum liability: [usually not less than total Contract Price, including amendments]

8.1.2 Required period of effectivity for insurance/securities: The Comprehensive General Liability Insurance (and other indemnities as may be applicable) shall continue after expiration of the Contract Period or Termination of the Contract for a period of thirty (30) days.

8.2.1 – 8.2.4

Performance Security in the form of a bank guarantee amounting to 10% of

the Contract Price (see Form of Performance Security)

8.3.1 CONTRACTOR is required to acquire Comprehensive General Liability Insurance (CGLI).

Required face value per occurrence with number of occurrences unlimited:

[Pesos: Two Million Five Hundred Thousand ( P 2,500,000)]

8.3.2 The CONTRACTOR shall submit to ADB the Good Social Management Certificate within fifteen calendar days from the effective date of the Contract, and subsequently on a bi-annual basis during the effectivity of the Contract (See Form of Good Social Management Certificate).





9.9 Not applicable

10.7 Schedule of submission of CONTRACTOR’s Certification that the Services and Related Goods were not performed or manufactured in violation of local and international labor, occupational safety, and environmental standards: Not applicable

10.17 See attached Standards of Conduct for Contractors

10.18

Attached is list of Designated Clinics and Procedure for Medical Clearance

(for reference and subject to change)

11.2(c) Not applicable

12.2 The CONTRACTOR should submit the Non-Disclosure Agreement Form for Authorized Contractor Signatory to OAPC

(See SCC Attachment 4) upon signing of the Contract.

Upon receipt of the Notice of Engagement, and prior to deployment of CONTRACTOR personnel in ADB, the CONTRACTOR should prepare and submit the Non-Disclosure Agreement Form for Contractor’s Personnel (See SCC Attachment 5) to OAFA-FM.

13.3 Does the CONTRACTOR have actual and/or potential conflict of interest? ___ Yes ___ No If yes, the CONTRACTOR shall submit the Conflict of Interest Disclosure Form (See SCC Attachment 3)

14.6 The CONTRACTOR shall submit the Ethical Statement for Contractor (See SCC Attachment 1) to OAPC upon signing of the Contract.

Upon receipt of the Notice of Engagement, and prior to deployment of CONTRACTOR personnel in ADB, the CONTRACTOR should prepare and submit the Ethical Statement for Contractor’s Personnel (See SCC Attachment 2) to OAFA-FM.

16.2 Not applicable

17.1 Transition period or other requirements: Should the CONTRACTOR be subjected to non-renewal based on the agreed service levels, the CONTRACTOR shall submit a transition of services plan form which states that the outgoing CONTRACTOR will exercise its best efforts and cooperation to effect an orderly transition without impacting ADB’s operations. Holding off period for the CONTRACTOR’s personnel to move to another agency is set at three (3) months.





19.3 Arbitration venue: TBD

22.1 The Authorized Representatives are: For ADB:

Contract-related concerns: Roger Ball, Advisor, Office of Administrative

Services and Head, Procurement and Contracts Administration Unit

Operation-related concerns: Mr. Mirko Rizzuto, Head, Facilities Planning

and Management Unit For the CONTRACTOR:

Either Party may designate a new Authorized Representative by serving written notice on the other. The designation shall take effect immediately upon receipt of the Notice.

23.2 The addresses are:

Asian Development Bank (ADB): 6 ADB Avenue, Mandaluyong City, 1550 Metro Manila, Philippines

Attention: Roger Ball, Advisor, Office of Administrative Services and Head,

Procurement and Contracts Administration Unit Telephone: +63 2 632 4444

CONTRACTOR: Attention: Telephone: Facsimile: Email:

25.1 Governing Law: Philippines




SCC Attachment 1: Ethical Statement for Contractors

Ethical Statement for Contractors I, the undersigned, _______(insert full name)________, an

authorized personnel of __________(name of agency)____________ (referred to as “The agency”) assigned as

representative in connection with ADB Contract No. ADB/OAS-xxxx/xxx warrant, covenant, and

agree to the following during the course of engagement with ADB:

The agency and our personnel shall not hold financial and/or business interests that conflict

with the conscientious performance of my duty.

The agency and our personnel shall not engage in financial and/or business transactions

using nonpublic ADB information that has become known through the work for ADB or allow the

improper use of such information to further any private interest of our agency and our personnel.

The agency and our personnel shall not solicit, accept or grant any gift or other item of

monetary value from or to any person or entity in the employment of or otherwise doing (or

pursuing) business with ADB.

The agency and our personnel shall not represent as an employee or representative of ADB

or make any commitments or promises of any kind purporting to bind ADB.

The agency and our personnel shall not undertake any private trading activities on ADB

premises. In the discharge of our obligations to ADB, We shall act impartially and not give

preferential treatment to any external organization or individual.

All ADB property and information under our care shall be used solely for the purpose of the

discharge of the contractual obligations to ADB.

The agency and our personnel shall be under an obligation to (i) familiarize and comply with

ADB’s Anti-corruption Policy and the Integrity Principles and Guidelines (IPG) and (ii) to report

any suspected violation of the same to the Office of Anti-corruption and Integrity (OAI).

The agency and our personnel shall cooperate with an OAI investigation on alleged violations

of ADB’s Anticorruption Policy and the IPG by, amongst others, (i) being available to be

interviewed and responding fully and truthfully to questions asked (ii) providing OAI with any items

requested that are within their control including, but not limited to, documents and other physical

objects; and (iii) preserving and protecting confidentiality of all information discussed with OAI.

The agency and our personnel fully understand that, without prejudice to any other actions

that ADB may take either under contract or in accordance with its policies, the following grounds

shall be considered, amongst others, for our personnel’s removal from ADB’s premises:

Abuse or misuse of information, or benefits, or allowances obtained in relation to the

services rendered in ADB;

Intentional or reckless disregard of duty or gross negligence in the performance of assigned

duties;




Abuse or misuse of authority or official position, including violations under ADB’s

Anticorruption Policy and the IPG, or any conduct that may be detrimental to ADB or to its

reputation;

Abuse of or misuse of the privileges and immunities accorded by reason of our contractual

agreement with ADB under the ADB Charter, the ADB Headquarters Agreement, ADB Host

Country Agreements and any other relevant agreements;

Abuse or misuse of ADB funds, assets, resources or other property for which ADB bears

responsibility;

Acts that violate applicable criminal law (e.g., theft, felonious acts, use or possession of

illegal drugs);

The making of knowingly false statements or willful misrepresentation or fraud pertaining to

official matters, whether oral or written;

Condonation or willful failure to disclose knowledge of the misconduct of others where it is

subsequently determined that the agency or our personnel could reasonably have been

expected to come forward;

Retaliation against those who in good faith bring allegations of unsatisfactory conduct or

misconduct to the attention of ADB; and

Other unsatisfactory conduct (e.g., physical assault; harassment, including harassment on

the basis of sex, age, race or creed and threats against others).

The agency and our personnel have read, understood and accepted the obligations described

above. We undertake, to the best of our ability, to carry out the responsibilities in a manner that

will further the purpose of the Asian Development Bank.

We declare that neither our personnel nor their immediate family members (namely,

spouse/domestic partner, child, mother, father, brother, or sister) have any assets or interests

(business or financial or any other interests) which might reflect unfavorably on ADB or which

might be in actual or apparent conflict with duties.

Name of Authorized Contractor Signatory:

_______________________________

(Please sign over printed name)

_______________________________

Date Signed




SCC Attachment 2: Ethical Statement for Contractors Personnel

Ethical Statement for Contractors Personnel I, the undersigned, _______(insert full name)________, a personnel of __________(name of

agency)____________ assigned to carry out work in connection with ADB Contract No.

ADB/OAS-xxxx/xxx warrant, covenant, and agree to the following during the course of my

deployment in ADB:

Contract personnel and their Employer shall not hold financial and/or business interests that

conflict with the conscientious performance of their duty.

Contract personnel and their Employer shall not engage in financial and/or business

transactions using ADB information that has become known to contract personnel and their

employer by reason of the contractual agreement with ADB or allow the improper use of such

information to further any private interest.

Contract personnel and their employer shall not solicit, accept or grant any gift or other item

of monetary value from or to any person or entity in the employment of or otherwise doing (or

pursuing) business with ADB.

Contract personnel and their employer shall not represent themselves as employees or

representatives of ADB or make any commitments or promises of any kind purporting to bind

ADB.

Contract personnel and their employer will not undertake any private trading activities on ADB

premises that is not directly related to the discharge of our contractual obligations to ADB. In the

discharge of these obligations, Contract personnel and their employer shall act impartially and

not give preferential treatment to any external organization or individual.

All ADB property and information under the care of Contract personnel and their employer

shall be used solely for the purpose of the discharge of the contractual obligations to ADB.

Contract personnel and their employer shall be under an obligation to (i) familiarize and

comply with ADB’s Anti-corruption Policy and the Integrity Principles and Guidelines (IPG) and

to report any suspected violation of the same to the Office of Anti-corruption and Integrity (OAI).

Contract personnel and their employer shall cooperate with an OAI investigation on alleged

violations of ADB’s Anticorruption Policy and the IPG by, amongst others, (i) being available to be

interviewed and responding fully and truthfully to questions asked (ii) providing OAI with any items

requested that are within their control including, but not limited to, documents and other physical

objects; and (iii) preserving and protecting confidentiality of all information discussed with OAI.

Without prejudice to any other actions that ADB may take either under contract or in

accordance with its policies, the following grounds shall be considered, amongst others, for the

removal of contract personnel from ADB’s premises:

Abuse or misuse of information, or benefits, or allowances obtained in relation to the

services rendered in ADB;

Intentional or reckless disregard of duty or gross negligence in the performance of assigned

duties;




Abuse or misuse of authority or official position, including violations under ADB’s

Anticorruption Policy and the IPG, or any conduct that may be detrimental to ADB or to its

reputation;

Abuse of or misuse of the privileges and immunities accorded to contract personnel and their

employer by reason of the contractual agreement with ADB under the ADB Charter, the ADB

Headquarters Agreement, ADB Host Country Agreements and any other relevant

agreements;

Abuse or misuse of ADB funds, assets, resources or other property for which ADB bears

responsibility;

Acts that violate applicable criminal law (e.g., theft, felonious acts, use or possession of illegal

drugs); the making of knowingly false statements or willful misrepresentation or Fraud

pertaining to official matters, whether oral or written;

Condonation or willful failure to disclose knowledge of the misconduct of others where it is

subsequently determined that contract personnel and their employer could reasonably have

been expected to come forward;

Retaliation against those who in good faith bring allegations of unsatisfactory conduct or

misconduct to the attention of ADB; and

Other unsatisfactory conduct (e.g., physical assault; harassment, including harassment on

the basis of sex, age, race or creed and threats against others).

I have read, understood and accepted the obligations described above. I undertake, that to the

best of my ability, I will carry out my responsibilities in a manner that will further the purpose of

the Asian Development Bank;

I declare that neither my immediate family members (namely, spouse/domestic partner, child,

mother, father, brother, or sister) nor I have any assets or interests (business or financial or any

other interests) which might reflect unfavorably on ADB or which might be in actual or apparent

conflict with my duties.

Name of Contractor’s Employee:

_______________________________


_______________________________ Date Signed

Signed in the Presence of:


_______________________________


_______________________________ Date Signed




SCC Attachment 3: Conflict of Interest Disclosure Statement

ASIAN DEVELOPMENT BANK CONFLICT OF INTEREST DISCLOSURE STATEMENT

Name of Company /Supplier:

______________________________________________________________________

Name of Company/Supplier’s Representative/Employee submitting statement:

______________________________________________________________________

Title or position in the Company:

______________________________________________________________________

This statement is submitted as a "single transaction disclosure statement," of actual and/or

potential conflict of interest with contracts and/or purchases related to ADB’s Institutional

Procurement. It applies to any bidder, offeror, contractor, consultant, or subcontractor or

sub-consultant at any tier, and also includes any of their employees or agents who has or

will have the authority to control or supervise all or a portion of the work/services for which

a bid or offer is made or a contract entered into.

Pursuant to ADB’s Anticorruption Policy, “conflict of interest” refers to a situation in which

a party has interests that could improperly influence that party’s performance of official

duties or responsibilities, contractual obligations or compliance with applicable laws and

regulations.

Description of Contract(s), Purchase(s) or Bid:

______________________________________________________________________

Description of actual or potential conflict of interest*

____________________________________________________________________

_____________________________________________________________________

(Continue in additional sheets, as necessary.)

If any material change to the responses provided on this disclosure form occurs, I undertake

to update the information above accordingly and to submit the updated form to the Advisor

OAS and Head, Procurement and Contracts Unit, Office of Administrative Services

(OAPC), within thirty (30) calendar days from such occurrence.

I affirm, under penalty of perjury, the truth and completeness of the statements made above,

and that I am the above named Representative/Employee of the Contractor.

Signature over printed name: ______________________________ Date: _______________ Describe in what manner you or your company may derive a profit or financial benefit from, or otherwise has any

interest in the contract(s) and/or purchase(s). If there is no actual and/or potential conflict of interest, indicate "None".




SCC Attachment 4: Non-disclosure Agreement

NON-DISCLOSURE AGREEMENT ASIAN DEVELOPMENT BANK No. 6 ADB Avenue

Mandaluyong City

Metro Manila

Attention

:

Head, Procurement and Contracts Administration Unit

Office of Administrative Services

Dear Sir:

___________________(“the Contractor”) engaged to provide INDEFINITE DELIVERY INDEFINITEQUANTITY (IDIQ) CONTRACT SERVICES – STAFF AUGMENTATION AND/OR DELIVERABLE SERVICES, under Contract No. ADB/OAS-2020/XXX, to which its employees may be

given access, receive or generate, directly or indirectly, during the performance of the Contract may be

considered “Confidential Information”.

The Contractor and all its employees warrant, covenant and agree as follows:

Not to copy or reproduce, or permit the copying or reproduction in any form of any Confidential

Information other than for the sole use in connection with the Contract, except with prior written

approval of OAPC;

Not to use, nor provide, nor disclose, not permit the use, provision, disclosure orally, electronically or

otherwise, either directly or indirectly of any Confidential Information nor any copy, summary or

extract thereof to any third party, other than to the relevant ADB staff concerned with the Contract,

except with prior written approval of OAPC;

Upon termination for any reason of the Contract, the Contractor shall promptly (and in any case within

seven (7) calendar days after written request from ADB) return to ADB all Confidential Information,

including any copies or reproductions in any form thereof in my possession at the time of such

termination. The obligation not to disclose or communicate any Confidential Information shall

continue for a period of two (2) years after such termination.

The term “Confidential Information” shall include, but is not limited to, data files, technical information,

business plans, materials, tapes, documents whether soft or hardcopies, computer files (including audio

files) disclosed, provided, communicated or submitted, orally, in writing, or by any other media, or any

other proprietary information not known generally to the public relating in any way to the business of the

ADB, or any other information regarding the management and method of operation of ADB.

ADB may elect at any time to terminate or restrict Contractor’s or any/all of its employee’s access to the

Confidential Information.


_______________________________


_______________________________

Date Signed




SCC Attachment 5: Non-disclosure Agreement Contractor

NON-DISCLOSURE AGREEMENT ASIAN DEVELOPMENT BANK No. 6 ADB Avenue

Mandaluyong City Metro Manila

Attention:

Head, Procurement and Contracts Administration Unit (OAPC) Office of Administrative Services

Through:

Manager, [Contractor’s Name]

Dear Sir:

I the undersigned, ______________________________, an employee of _____________________

(“the Contractor”) assigned to carry out work in the Asian Development Bank (ADB) premises, in connection

with Contract No. ADB/OAS-2020/XXX, understand that data and information to which I may be given access,

receive or generate, directly or indirectly, during the performance of my duties may be considered “Confidential

Information”, as defined below.

I warrant, covenant and agree as follows:

Not to copy or reproduce, or permit the copying or reproduction in any form of any Confidential Information

other than for the sole use in connection with the Contract, except with prior written approval of OAPC;

Not to use, nor provide, nor disclose, not permit the use, provision, disclosure orally, electronically or

otherwise, either directly or indirectly of any Confidential Information, nor any copy, summary or extract

thereof to any third party, other than to the relevant ADB staff concerned with the Contract, except with

prior written approval of OAPC;

Upon termination for any reason of my involvement in the Contract, I shall promptly (and in any case within

seven (7) calendar days after written request from ADB) return to ADB all Confidential Information,

including any copies or reproductions in any form thereof in my possession at the time of such

termination. The obligation not to disclose or communicate any Confidential Information shall continue

for a period of two (2) years after such termination.

The term “Confidential Information” shall include, but is not limited to, data files, technical information, business

plans, materials, tapes, documents whether soft or hardcopies, computer files (including audio files) disclosed,

provided, communicated or submitted, orally, in writing, or by any other media, or any other proprietary

information not known generally to the public relating in any way to the business of the ADB, or any other

information regarding the management and method of operation of ADB.

ADB may elect at any time to terminate or restrict my access to the Confidential Information.

Name of Contractor’s Employee:

_______________________________


_______________________________ Date Signed

Signed in the Presence of:


_______________________________


_______________________________ Date Signed




__________9______________________Form of Performance Security

FORM OF PERFORMANCE SECURITY (from Contractor’s Bank)

To: ASIAN DEVELOPMENT BANK

6 ADB Avenue

Mandaluyong City

Philippines

Dear Sir:

WHEREAS, _____________________ (hereinafter called the “Contractor”) and the Asian

Development Bank have entered into, or will enter into a contract (Contract/Task Order No.

ADB/OAS-20__/___) for the Engagement of Indefinite Delivery Indefinite Quantity (IDIQ) Contract

Services – Staff Augmentation and/or Deliverable Services at ADB Headquarters Building,

Mandaluyong City, Philippines (hereinafter called the “Contract”);

WHEREAS, the Contract provides that the Contractor shall furnish you with a Performance

Security by a recognized bank for the sum specified therein as security for fulfillment by the

Contractor of its obligations under and in accordance with the Contract;

WHEREAS, we have agreed to issue such a Performance Security in your favor;

NOW THEREFORE we, {bank’s name}, hereby irrevocably and absolutely affirm that we

are the Guarantor and responsible to you, on behalf of the Contractor, up to a total amount of

Philippine Pesos (10% of Total Contract Price) words (₱______), which we undertake to pay to you,

upon your first written demand, without your having to assign any reason for such demand, and

irrespective of whether or not there is any dispute between the Contractor and you in respect of any

other matter and irrespective of whether or not such dispute, if any, has been settled, resolved,

litigated or adjudicated.

This Guarantee is effective from _____________ to 30 days after the expiration date of the

Contract (as stated in accordance with Paragraph 12 of the General Conditions of Contract). This

Security cannot be canceled without your express written approval.

The giving of time to the Contractor, or the neglect or forbearance by you in requiring or

enforcing payment of the sum of Philippine Pesos (10% of Total Contract Price) words (₱______),

or other indulgence whether in relation to the Contract or otherwise, shall not, in any way, prejudice,

affect, derogate, release or absolve us from our liability under this Guarantee;

No change in organization or constitutional documents or in that of Asian Development Bank

or the Contractor shall affect or impair our absolute liability herein.

Dated this ______ day of ________________ 20__.

Signature and Seal of the Guarantor

Name of Bank

Address




Good Social Management Certificate

GOOD SOCIAL MANAGEMENT CERTIFICATE To: ASIAN DEVELOPMENT BANK 6 ADB Avenue

Mandaluyong City

Attention: Advisor OAS and Head, Procurement and Contracts Unit (OAPC) Office of Administrative Services

Dear Sir:

With reference to Contract No. ADB/OAS-2020/___ entered into on DD/MM/YYYY between

Contractor’s Company Name (the “Contractor”) and the Asian Development Bank (hereinafter called the

“ADB”) for the Engagement of Indefinite Delivery Indefinite Quantity (IDIQ) Contract Services – Staff

Augmentation and/or Deliverable Services, we hereby certify that:

(a) the employment contracts between the Contractor and its employees assigned to the ADB to

provide the Services (hereinafter called the “Employment Contracts”) have been drafted and

executed in all aspects in accordance with labor legislation of the Philippines;

(b) the Contractor has been exercising due diligence and good social management in its relation

with its employees; and

(c) the Contractor complies with all relevant laws, regulations, degrees and/or orders of competent

government agencies or authorities, including laws, regulations, decrees and/or orders concerning

the employees of the Contractor engaged in performing the Services.

In addition to the above certification, we also make irrevocably the following warranties:

We will continue to exercise due diligence on labor issues to ensure that the provision and quality of the

Services will not be adversely affected by any labor disturbance.

Upon your request, we will submit to you all pertinent evidence on our compliance with the foregoing,

including but not limited to evidence of payment by the Contractor of all compulsory and/or statutory benefits

and social contributions in favor of the Contractor’s employees assigned to ADB.

This Certificate shall be valid for the duration of the above Contract.

No change in our organization or constitutional documents shall affect or impair our

representations and obligations herein.

Dated this ______ day of ______________________ , _____.

For and on behalf of

_________________________________

Name of Company

_________________________________

Contract Signatory (Name and Signature)

_________________________________

Position/Title




Safety and Security Procedures for Contractor’s Personnel

Effective: 15 July 2011

SAFETY AND SECURITY PROCEDURES FOR CONTRACTOR’S PERSONNEL

IN THE PREMISES OF THE HEADQUARTERS OF THE ASIAN DEVELOPMENT BANK GENERAL The following guidelines summarize important Safety and Security requirements for the protection

of life, limb, and property at the ADB Headquarters premises (ADB premises). It is the contractor’s

responsibility to ensure that all its personnel are familiar with these guidelines. ADB staff who

monitor the contractor’s work shall ensure that the safety and security rules and regulations

pertinent to their areas of operations are followed and implemented by the contractor and its

personnel.

The Security and Emergency Services of the Organizational Resilience Unit (OAOR) of the Office

of Administrative Services (OAS) is responsible for the enforcement of ADB’s Safety and Security

Systems and Procedures through the security contractor. All contractors’ personnel must undergo

a safety and security briefing prior to their deployment. Periodic briefings shall be conducted as

the situation warrants.

ACCESS CONTROL Access to ADB Premises The control of access to the Headquarters premises is a major part of ADB’s security program.

Security personnel shall ensure that only those individuals who possess valid and appropriate

ADB-issued ID cards are allowed access into ADB premises.

Personnel Identification Contractors’ personnel commencing work at the ADB premises shall be issued a contractor’s ID

card upon submission of the following:

Information Sheet;

Details and sketch of the ID applicant’s residence location;

Undertaking Form by the employer;

Current (within 6 months) National Bureau of Investigations (NBI) clearance; and

Photocopy of company ID.

The forms for the above requirements are available at OAOD-SBG's Pass and Key

Control Office.

ID/Pass Control The ID card must be worn on the shirt or dress lapel to ensure that it is clearly visible at all times.

All contractors’ personnel with ADB-issued IDs can enter/exit ADB through all gates including the




MRT gate. The MRT Gate is open from 6:00 a.m. to 9:00 p.m., Mondays to Fridays except during

ADB holidays.

Contractors under the influence of illegal drugs or liquor will not be allowed entry at ADB

premises.

After Office Hours Access ADB’s office hours are 7:00 a.m. to 6:00 p.m., Mondays to Fridays. Contractor’s personnel who

shall work after office hours should wear their ADB-issued IDs. They may also be required to

present their Contractor Monitoring Checklist General Permit to Work (“Permit to Work”), which

they should always carry with them and readily submit to security personnel on duty when

requested.

Prohibited Items Firearms, bladed weapons, deadly weapons, replica weapons, explosives, items of an offensive

nature, flammables, prohibited drugs and hazardous materials of any type are not allowed within

ADB premises. Possession of any of these prohibited items may be considered a criminal offense

and shall be dealt with in accordance with Section VI hereof.

Vehicle Access Thorough inspection of the contractor’s delivery vehicle, e.g., underchassis, engine hood, storage

compartment and passenger cabin shall be undertaken before access is allowed. Yellow-plated

vehicles (public utility) are not allowed to enter ADB premises.

MATERIALS CONTROL Gate Pass All contractors’ equipment (personal or company-owned) upon entry to ADB must be covered by

an ADB-issued “IN Gate Pass” which shall be issued by the guard on duty at the entry point. In

case there is a need to bring out from ADB premises any contractor’s equipment, the persons

bringing out the equipment shall present the IN Gate Pass issued earlier for said equipment and

a certification from the ADB staff monitoring the contractor’s work allowing the bringing out of the

equipment at the exit gate. A copy of the IN Gate Pass shall be retained at the exit gate. For ADB-

owned equipment to be brought out of ADB premises for repair, a Gate Pass for ADB property

must be secured from OAFA- Asset Management and Commercial Services Unit (OAFA-AC) on-

line.

Movement of Furniture and Equipment OAFA- AC prohibits the movement of ADB properties, particularly furniture from one office to

another without prior authorization. The movement of information technology equipment, such as

computer hardware peripherals, without clearance from OAFA-AC and the Office of

Administrative Services (OAS) is also prohibited.

Deliveries of Contractors’ Equipment and Supplies All deliveries of contractor’s equipment and supplies must be directed to main loading dock for

inspection, handling and issuance of proper receipt.

IV. SAFETY




Emergency Assistance ADB maintains a team of trained security service personnel to respond to emergencies within

ADB, including incipient stage firefighting, assistance during emergency evacuation, first aid and

other types of safety and security incidents. Any person in need of safety or security assistance

may dial (local) 5220 or 6333.

General Safety It is the contractor’s responsibility to ensure that its personnel strictly observe ADB’s safety and

security rules and regulations. Further, it is the contractor’s responsibility to safeguard its

personnel from any hazards in their respective areas and that any unsafe conditions or incidents,

no matter how minor, are reported to OAOD-SBG.

Contractor’s personnel, including delivery crew members, are required to wear appropriate

personal protective equipment such as hard hat, gloves, safety shoes for bulk and heavy

deliveries, gas masks, rubber gloves, protective clothing, goggles for handling of hazardous

materials (including chemicals and bio-contaminated material such as sewage and waste water),

while performing their duties and/or delivering equipment, supplies and materials within ADB

premises. Likewise, wearing of sandos, shorts, slippers and sandals when delivering

goods/services to ADB shall not be allowed.

Contractor's personnel should be adequately trained to operate industrial tools and machinery.

Certifications may be required prior to operation of such equipment. In case a forklift will be used

during delivery, the Contractor shall provide a certification vouching that its forklift operator is fit

to handle such operation and authorizing him to undertake such task.

All contractors are required to participate during emergency/ general evacuation drills.

Hazardous Materials All hazardous materials requested to be brought or used inside ADB premises must be declared

by the contractor to the ISO Secretariat for approval. A material safety data sheet complete with

emergency safety information in relation to fire, spill, fumes, allergy, accidental ingestion, etc.,

must be submitted to OAOD-SBG. The security contractor shall carry out a detailed inspection of

the material and ensure that safe handling procedures are followed.

Fire Safety A Permit to Work shall be secured from the Senior Engineering Officer on Duty (SEO) of the

Facilities Planning and Management Unit (OAFA-FM) prior to commencing any hot work

operations (e.g., welding, cutting, and grinding). The SEO shall ensure that the site of the hot

work is free from any flammables. In this case, it is the responsibility of the contractor to make

arrangements for fire protection equipment. OAOD-SBG, upon prior notification, shall deploy a

fire watch to ensure that the work is performed safely. Use of personal appliances like water

heaters, etc. are not allowed inside ADB

If a fire is discovered, contractor’s personnel are expected to:

Shout “Fire” and activate the nearest fire alarm;

Call 5220 or 6333 and give the exact location and nature of the fire;

Try to contain or extinguish the fire if it is safe to do so; if not, leave the area as

soon as possible; and

Stay calm and help others requiring assistance.




Prior to entry into confined spaces (voids, tanks, tunnels, vaults) a Permit to Work shall be

obtained from the ADB staff overseeing the contractor’s work. A technician must examine and

declare the space safe and free from toxic, flammable and explosive gases. Further, if the oxygen

content is found to be below 19.5% it should be declared immediately dangerous to life and health.

Security and Emergency Services Unit of OAOR, upon proper notification, shall provide personnel

equipped with self-contained breathing apparatus for standby rescue.

Evacuation in the Event of Fire or Other Major Emergencies In the event of emergencies requiring evacuation, alarms shall be sounded and instructions shall

be relayed over the ADB’s voice communications system. Elevators must not be used for

evacuation during emergencies. Elevators shall automatically proceed to the ground floor level

when the alarm is activated. Lights should be left on and doors should be closed but not locked.

The passageways should be clear of obstructions. All contractors’ personnel should proceed to

the nearest exit and follow instructions from the security personnel.

Earthquake In the event of an earthquake, contractor’s personnel should take shelter initially, away from

outside walls and glass partitions or windows. After the initial shock, they should evacuate the

building in an orderly manner, staying away from large items of furniture such as bookcases,

cabinets, or electrical installations that may have been made unsafe by the tremor. The building

shall be surveyed by OAFA-FM before normal work can be resumed. The contractor’s personnel

shall be notified when the building has been declared safe; otherwise re-entry to the building is

prohibited.

Health and Fitness The contractor is responsible for monitoring the physical and mental health condition of its

personnel. Personnel suffering from communicable diseases should be immediately treated in

accordance with the universally accepted medical practices. All contractor’s personnel should be

certified physically and mentally fit by a reputable medical facility and the contractor must be able

to present such certifications at any time requested by ADB.

Smoking Contractor’s personnel shall comply with ADB’s Guidelines on the Use of Centralized Smoking

Lounges (see attached), which prohibits smoking anywhere outside the designated smoking

lounges on the ADB Headquarters premises, to protect non-smokers from exposure to second-

hand tobacco smoke. Repeat violations and abusive behavior in response to a request for

compliance by contractor’s personnel shall be escalated to the Procurement and Contracts Unit

(OAPC).

Contractor’s personnel shall also comply with other guidelines, rules and regulations on smoking

that may be issued by ADB to protect the health and well-being of all persons within ADB

premises.

VI. COMMISSION OF CRIMINAL OFFENSE OAOR shall have the authority to summon for an investigation any contractor’s personnel who

has or is alleged to have committed a criminal offense or who possesses information in connection

with the commission of any criminal offense within ADB premises. Pending the completion of the

investigation, the contractor’s personnel who has or is alleged to have committed criminal offense

may be placed on preventive suspension.




OAOR shall conduct unannounced and random inspections and searches of lockers, work areas

and offices and conduct body frisking in aid of any investigation. A representative of the contractor,

preferably the duty supervisor, shall be present when such actions will be undertaken.




ADB’s Standards of Conduct for Contractors

STANDARDS OF CONDUCT FOR CONTRACTORS Introduction

(a) ADB requires Contractors to observe the highest standard of ethics and integrity

throughout the procurement and execution of ADB-related activities. Having due

regard to the nature and purposes of ADB as an international organization, the

Contractor shall adhere to ADB’s commitment to foster and maintain an

environment free from inappropriate behavior, Bullying, Misconduct (including

integrity violations), Harassment and Sexual Harassment.

(b) Contractors have an obligation to protect ADB’s name and reputation and refrain

from any actions, statements or activities, including activities within their private

life, that may impact or reflect negatively upon ADB. The private life and activities

of a Contractor are personal matters; but, there can be situations where the

actions, statements or behavior of a Contractor can impact or reflect negatively

upon ADB. In all such circumstances (i) the Contractor acknowledges that his/her

behavior, conduct and activities within and outside the workplace or working hours

may impact the reputation and interests of ADB even if it is unrelated to an official

function; (ii) the Contractor must comply with all local laws and regulations and not

engage in any sexual behavior or activities which may reflect adversely, embarrass

or bring disrepute to ADB; and (iii) the Contractor must not engage in any conduct

or behavior or make any statement that degrades, disrespects any person or which

might constitute Bullying, Harassment, Sexual Harassment, Misconduct,

denigrating or morally reprehensible behavior.

(c) The general guidelines set out in these Standards of Conduct (Standards) are

intended to complement ADB’s rules and policies on the subject matter and are

not intended to exhaustively describe every conceivable form of conduct expected.

Contractors are expected to use good judgment to conform with the terms, the

intent and the spirit of these Standards. Definitions

(a) “Bullying” is a form of Harassment consisting of repeated or persistent aggression

or other malicious behavior in any form by one or more persons which has the

effect of humiliating, belittling, offending, intimidating or discriminating against

another person. It may include persistent, unwarranted or unconstructive criticism,

personal abuse and/or ridicule, either in public or private, which humiliates or

demeans the individual targeted, gradually eroding his or her self-confidence or

intending to do so. Criticism, disapproval, negative performance assessment and

similar appraisal, appropriately conveyed, do not, by themselves, constitute

Bullying or Harassment;

(b) “Discrimination” is the inappropriate differentiation between individuals or groups.

Such discrimination includes differentiation based on characteristics such as race,

color, nationality, national, social or ethnic origin, religion or similar belief,

language, political or other opinion or affiliation, gender, gender identity, sexual

orientation, family or civil status, health status, size, or physical ability;




(c) “Harassment” is any unwarranted or unwelcome behavior, verbal, psychological or

physical, that interferes with work or creates an intimidating, hostile or offensive

work environment. Harassment includes, but is not limited to, Bullying and Sexual

Harassment;

(d) “Integrity” means a firm adherence to ADB’s Anticorruption Policy (1998, as

amended from time to time), the Integrity Principles and Guidelines (2015, as

amended from time to time) and to the highest ethical standards;

(e) “Misconduct” is behavior, or an act or omission, which is unacceptable or improper,

contrary to the principles or rules of ADB or illegal or unethical. Misconduct may

not necessarily be intentional and can arise from neglect, recklessness or

mismanagement. Misconduct includes, but is not limited to, (i) the failure to

observe these Standards or other rules, regulations, guidelines or procedures; or

(ii) conduct, actions or omissions, within and outside ADB, that risk discrediting or

disgracing ADB, bringing ADB into disrepute, or could undermine the integrity of

ADB’s policies, processes or procedures;

(f) “Respect” refers to interacting with all others in the work environment in a

professional, positive and inclusive fashion, regardless of hierarchical role or rank.

This includes treating others with due consideration, courtesy, dignity and open-

mindedness, as well as working without prejudice or bias towards individuals or

institutions that have different characteristics, backgrounds and viewpoints;

(g) “Retaliation” is any detrimental act, direct or indirect, recommended, threatened or

taken against anyone who has raised or is considering raising a complaint of

misconduct whether formally as whistleblower or witness or person associated with

a whistleblower or witness or otherwise, in a manner material to the complaint

because of a report of or cooperation with an ADB investigation into any form of

(alleged) Misconduct. Retaliation can include, but is not limited to, Harassment,

discriminatory treatment, assignment of work outside the corresponding job

description, withdrawal of work assignments contained in the job description,

inappropriate performance appraisals or salary adjustments, or the withholding of

an entitlement; and

(h) “Sexual Harassment” is any unwelcome sexual advance, request for sexual favors

or other verbal or physical conduct of a sexual nature which results in physical,

sexual or psychological harm or suffering to another person, or which is made or

suggested to be a condition of employment, promotion or other personnel action

or creates an intimidating, hostile or offensive environment.

Contractor’s Obligations Contractors shall:

(a) observe all applicable laws and regulations and adhere to the highest ethical

standards including the right and obligation to refuse to participate in Misconduct

of any nature whatsoever;

(b) act with Respect, honesty, propriety, fairness, professionalism, and a high degree

of Integrity and concern for ADB’s interests and avoid situations and activities

which may reflect adversely on ADB, compromise its operations, or lead to real or

perceived Conflicts of Interest (as defined in sub-paragraph (vi) of paragraph (f)

below;




(c) observe inclusive and respectful behavior, and show consideration for others, as

well as Respect and tolerance for diverse cultures, beliefs and backgrounds;

(d) refrain from any form of Bullying, Discrimination, Misconduct, Harassment, or

Sexual Harassment and behave in a manner that creates an environment free of

such behavior;

(e) not engage in Retaliation or reprisal against anyone reporting Misconduct, whether

formally as a whistleblower, witness, or person associated with such whistleblower

or witness, or otherwise, or for cooperation with an ADB investigation in relation to

the complaint;

(f) refrain from committing any Integrity violation as defined in the Integrity Principles

and Guidelines (2015, as amended from time to time). An integrity violation may

consist of any of the following:

(i) Corrupt practice, which is the offering, giving, receiving, or soliciting,

directly or indirectly, anything of value to influence improperly the

actions of another party;

(ii) Fraudulent practice, which is any act of omission, including a

misrepresentation, that knowingly or recklessly misleads, or

attempts to mislead, a party to obtain a financial or other benefit or

to avoid an obligation;

(iii) Coercive practice, which is impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property of the

party to influence improperly the actions of a party;

(iv) Collusive practice, which is an arrangement between two or more

parties designed to achieve an improper purpose, including

influencing improperly the actions of another party;

(v) Abuse, which is theft, waste, or improper use of assets related to

ADB-related activity, either committed intentionally or through

reckless disregard;

(vi) Conflict of interest, which is any situation in which a party has

interests that could improperly influence that party’s performance of

official duties or responsibilities, contractual obligations, or

compliance with applicable laws and regulations; and

(vii) Obstructive practice which is (1) deliberately destroying, falsifying,

altering or concealing of evidence material to the investigation or

making false statements to investigators in order to materially

impede an ADB investigation; (2) making false statements to

investigators in order to materially impede an ADB investigation; (3)

threatening, harassing, or intimidating any party to prevent it from

disclosing its knowledge of matters relevant to the investigation or

from pursuing the investigation, or (4) materially impeding ADB’s

contractual rights of audit or access to information.

(g) avoid any situation that may create an actual, potential or perceived Conflict of

Interest, including conflicts of interests arising between their personal financial

interests or business relationships and their duty to ADB;




(h) not give or accept gifts from any sources if intended to serve the purpose of

obtaining or exchanging a favor; or influencing any other person’s performance of

official duties or responsibilities;

(i) not engage in private trading activities such as, but not limited to, foreign exchange

dealings, merchandising of goods and foodstuffs, real estate and insurance

brokering, money lending, or car renting or brokering, in all cases, on ADB

premises (including misuse of ADB’s e-mall or similar media for trading); and

(j) not disclose any confidential or unpublished information that has been received or

generated by the Contractor to any person outside of ADB whom they know or

should know has not been authorized by ADB to receive such information.

Contractors have a responsibility to protect the security of any confidential and

unpublished information provided to, or generated by, ADB.




Designated Clinics and Procedure of Medical Clearance

List of Designated Clinics and Procedure of Medical Clearance

Section 1 Designated Clinic

The medical examination of the personnel of the CONTRACTOR shall be conducted by any of

the following clinics (hereinafter referred to as the “Designated Clinic”):

Associated Medical & Clinical Services, Inc. (AMCSI)

Address: 3rd Flr., Kalayaan Bldg., Cor. Salcedo and Dela Rosa Streets

Legaspi Village, Makati City

Tel: 892-5906 to 08; 818-0142

Fax: 894-0365

Contact Unit/

Persons: Ms. Christine Salonga – Senior Marketing Associate

Ms. Glorvina Gosalvez – OIC, Chief Nurse

Ms. Vicky Atendido - Receptionist

Clinica Manila

Address: 2nd Floor, Unit 202 Building A

SM Megamall Complex, Doña Julia Vargas

Avenue Mandaluyong City

Tel: 635-3877 to 80 local 109 or 110

Fax: 638-6932

Contact Unit/

Persons: Ms. Fides L. Santos, MRT – Clinical Services Manager

Ms. Marissa Redondo – General Manager

Section 2 Scope of Medical Examination

The medical examination is limited to [/includes], for the time being, chest X-Ray checkup [as well

as hepatitis A and B screenings (i.e. Anti HAV IgM, Anti HAV IgG, HBs Ag and Anti HBs”)]. The

Asian Development Bank (hereinafter referred to as the “ADB”) reserves the right to enlarge the

scope of the medical examination, taking into account the health condition and eventual epidemic

alarm in its host country.

Section 3 Periodicity of Medical Examination

The satisfactory result of the medical examination will form one of the condition precedents for

the concerned personnel from the CONTRACTOR to be allowed to provide services at the

premises of the ADB. Thereinafter and on annual basis, the CONTRACTOR shall ensure that its

concerned personnel pass the required medical clearance, without being further reminded by the

ADB.

Section 4 Procedure of Medical Clearance

Upon signing of the Contract and on annual basis, the PCM Service Provider shall send its

concerned personnel to the Designated Clinic for medical examination.




The cost of the medical examination will be borne by the PCM SERVICE PROVIDER.

The Designated Clinic will proceed with the medical examination and forward the result thereof

directly to the In-House Medical Doctor of the ADB, with reference to the contract number (i.e.

Contract No. ADB/OAS-YYYY/XXX) to be provided by the PCM SERVICE PROVIDER.

The In-House Medical Doctor or another pre-qualified doctor designated by him/her during his/her

absence will review the result of medical examination and send a Medical Clearance Report to

Head, Procurement & Contracting Unit, OAIS-PC, in which it will be indicated whether the

concerned personnel of the PCM SERVICE PROVIDER are medically fit or unfit to provide

services at the premises of the ADB.

The PCM SERVICE PROVIDER agrees that the result of medical examination of its concerned

personnel will be kept in the archives of the In-House Medical Doctor of the ADB and that the

opinion expressed in said Medical Clearance Report shall be recognized as final and conclusive.

In case any personnel of the PCM SERVICE PROVIDER is judged by the Medical Clearance

Report to be medically unfit to provide services at the premises of the ADB, the Advisor OAS and

Head, Procurement and Contracts Unit, OAPC will notify the PCM SERVICE PROVIDER to

replace him/her with another pre-qualified staff. That substitute should also go through the same

medical clearance procedure.

Section 5 Responsibility for failure to provide services due to lack or insufficiency of medically

fit personnel

Unless well justified and excused by the ADB, the PCM SERVICE PROVIDER will be held

responsible and liable for failure to start or maintain the Services in accordance with the Contract

due to the lack or insufficiency of medically fit personnel.

Section 6 Provision for treatment in case of emergency hospitalization

The PCM Service Provider agrees that in case of emergency hospitalization, ADB will transport

PCM Service Provider's personnel to Medical City. The PCM Service Provider will be liable for all

expenses related to the treatment of the PCM Service Provider's personnel at Medical City.




APPENDIX 12 ADB Member Countries

1. Afghanistan

2. Armenia

3. Australia

4. Austria

5. Azerbaijan

6. Bangladesh

7. Belgium

8. Bhutan

9. Brunei Darussalam

10. Cambodia

11. Canada

12. China, People’s Republic of

13. Cook Islands

14. Denmark

15. Fiji Islands

16. Finland

17. France

18. Georgia

19. Germany

20. Hong Kong, China

21. India

22. Indonesia

23. Ireland

24. Italy

25. Japan

26. Kazakhstan

27. Kiribati

28. Korea, Republic of

29. Kyrgyz Republic

30. Lao PDR

31. Luxembourg

32. Malaysia

33. Maldives, Republic of

34. Marshall Islands

35. Micronesia, Federated States of

36. Mongolia

37. Myanmar

38. Nauru

39. Nepal

40. The Netherlands

41. Nieu

42. New Zealand

43. Norway

44. Pakistan

45. Palau

46. Papua New Guinea

47. Philippines

48. Portugal

49. Samoa

50. Singapore

51. Solomon Islands

52. Spain

53. Sri Lanka

54. Sweden

55. Switzerland

56. Taipei, China

57. Tajikistan

58. Thailand

59. Timor-Leste

60. Tonga

61. Turkey

62. Turkmenistan

63. Tuvalu

64. United Kingdom

65. United States

66. Uzbekistan

67. Vanuatu

68. Viet Nam

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