eligibility documents

REPUBLIC OF THE PHILIPPINES OFFICE OF THE PRESIDENT

BASES CONVERSION AND DEVELOPMENT AUTHORITY

ELIGIBILITY DOCUMENTS

REBIDDING OF CONSULTING SERVICES FOR

SUBIC-CLARK RAILWAY PROJECT NOVEMBER 2020

TABLE OF CONTENTS

SECTION I. REQUEST FOR EXPRESSION OF INTEREST

SECTION II. ELIGIBILITY DOCUMENTS 1. Eligibility Criteria 10

2. Eligibility Requirements 10

3. Format and Signing of Eligibility Documents 12

4. Sealing and Marking of Eligibility Documents 12

5. Deadline for Submission of Eligibility Documents 13

6. Late Submission of Eligibility Documents 13

7. Modification and Withdrawal of Eligibility Documents 13

8. Opening and Preliminary Examination of Eligibility Documents 14

9. Short Listing of Consultants 14

10. Protest Mechanism 15

SECTION III. ELIGIBILITY DATA SHEET

SECTION IV. ELIGIBILITY FORMS EF 1. Eligibility Documents Submission Form 20

EF 2. Statement of All On-Going and Completed Government and Private Contracts,

including Contracts Awarded but not yet Started 21

EF 3. Summary of Projects 22

EF 4. Consultant’s References 23

EF 5. Summary of Curriculum Vitae 24

EF 6. Format of Curriculum Vitae for Proposed Professional Staff 26

EF 7. Statement of Consultant Specifying Its Nationality and Confirming that Those

Who will Actually Perform the Services are Registered Professionals 29

Checklist and Tabbing of Eligibility Requirements 31

SECTION V. TERMS OF REFERENCE 1. Background 34

2. Description of the Railway 37

3. Description of Consulting Services 39

4. Objectives of Consulting Services 39

5. Scope of Consulting Services 40

6. Deliverables 53

7. Obligations of the Consultant 55

8. Obligations of BCDA 56

9. Manning Requirement 56

10. Project Duration 58

11. Approved Budget for the Contract 58

12. Mode of Payment 58

13. Short Listing of Prospective Bidders 59

14. Determination of the Highest Rated Bid 60

15. Performance Security 60

16. Standard of Services 61

17. General Terms and Conditions 61

SECTION VI. APPENDICES Appendix I Plan and Profile of SCRP Alignment

Appendix II Employer’s Requirements

LIST OF ABBREVIATIONS 3D Three-Dimension

ABC Approved Budget for the Contract

BAC Bids and Awards Committee

BCDA Bases Conversion and Development Authority

BGC Bonifacio Global City

BIM Building Information Modelling

BIR Bureau of Internal Revenue

BOC Bureau of Customs

BOT Build-Operate-Transfer

CAPEX Capital Expenditure

CBI Certificate of Budget Inclusion

CDA Cooperative Development Authority

CE Civil Engineer

CFZ Clark Freeport Zone

COA Commission on Audit

CRK Clark International Airport

CY Calendar Year

DNP Defects Notification Period

DOTr Department of Transportation

DSCR Debt Service Coverage Ratio

DTI Department of Trade and Industry

ECC Environmental Compliance Certificate

ECE Electronics and Communications Engineer

EDS Eligibility Data Sheet

EE Electrical Engineer

EIA Environmental Impact Assessment

EIRR Economic Internal Rate of Return

EIS Environmental Impact Statement

EMP Environmental Management Plan

EOI Expression of Interest

EOT Extension of Time

EPCC Engineering, Procurement, Construction, and Commissioning

ER Employer’s Representative

ETCS European Train Control System

FIRR Financial Internal Rate of Return

GAA General Appropriations Act

GE Geodetic Engineer

GOCC Government-Owned or -Controlled Corporation

GoP Government of the Philippines

GPPB Government Procurement Policy Board

HRB Highest Rated Bid

IBP Integrated Bar of the Philippines

ICC Investment Coordination Committee

IM Information Memorandum

InfraCom Infrastructure Committee

IRR Implementing Rules and Regulations

IT Information Technology

ITB Instructions to Bidders

JPMO Joint Project Management Office

JV Joint Venture

JVA Joint Venture Agreement

LGU Local Government Unit

LOD Level of Details

MBA Military Bases Agreement

MCRP Malolos-Clark Railway Project

ME Mechanical Engineer

MPSS Minimum Performance Specifications and Standards

NCC New Clark City

NCT New Container Terminal

NEDA National Economic and Development Authority

NPV Net Present Value

NSCR North-South Commuter Railway

O/D Origin and Destination

O&M Operation and Maintenance

ODA Official Development Assistance

OGCC Office of the Government Corporate Counsel

PCAB Philippine Contractors Accreditation Board

PE Project Evaluation

PhilGEPS Philippine Government Electronic Procurement System

PIMS Project Information Management System

PNR Philippine National Railways

PPP Public-Private Partnership

PRC Philippine Regulations Commission

PSB Port of Subic Bay

QA/QC Quality Assurance/Quality Control

QCBE Quality-Cost Based Evaluation

QCBS Quality-Cost Based Selection

RA Republic Act

RFP Request for Proposal

RFQ Request for Quotation

ROW Right-of-Way

SBFZ Subic Bay Freeport Zone

SCR Subic-Clark Railway

SCRP Subic-Clark Railway Project

SCTEX Subic-Clark-Tarlac Expressway

SEC Securities and Exchange Commission

SFS Subic Bay International Airport

TAS Transaction Advisory Services

TMP Traffic Management Plan

TOR Terms of Reference

TWG Technical Working Group

USA United States of America

VAT Value-Added Tax

VFM Value for Money

VGF Viability Gap Funding

SECTION I

REQUEST FOR EXPRESSION OF INTEREST

REQUEST FOR EXPRESSION OF INTEREST

REBIDDING OF THE CONSULTING SERVICES FOR

SUBIC-CLARK RAILWAY PROJECT

1. The Bases Conversion and Development Authority (BCDA), through the 2020 General

Appropriations Act (GAA) allocations and continuing appropriations, intends to apply the sum of

One Billion Five Hundred Twenty Million Five Hundred Thirty Four Thousand Four Hundred

Pesos (₱1,520,534,400.00), inclusive of value-added tax (VAT) and applicable government taxes,

being the Approved Budget for the Contract (ABC) to payments under the contract for the

Consulting Services for the Subic-Clark Railway Project (SCRP). Bids received in excess of the

ABC shall be automatically rejected at the opening of the financial proposals.

2. BCDA now calls for the submission of Eligibility Documents for the Consulting Services for the

SCRP. Eligibility Documents of interested consultants must be duly received by the Bids and

Awards Committee (BAC) Secretariat on or before 17 November 2020 (Tuesday) at 09:00 AM at

the BCDA Corporate Center, 2/F Bonifacio Technology Center, 31st Street corner 2nd Avenue,

Bonifacio Global City, Taguig City, Metro Manila. The opening of the Eligibility Documents shall

be on 17 November 2020 (Tuesday) at 10:00 AM at the BCDA Corporate Center. Applications

for eligibility will be evaluated based on a non-discretionary “pass/fail” criterion.

3. Interested bidders may obtain further information from BCDA and inspect the Bidding Documents

at the address given below during office hours between 08:00 AM and 05:00 PM.

4. A complete set of Bidding Documents may be acquired by interested Bidders between 20

November 2020 (Friday) and 10 December 2020 (Thursday) from the address below and upon

payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued

by the Government Procurement Policy Board (GPPB), in the amount of Seventy Five Thousand

Pesos (₱75,000.00).

It may also be downloaded free of charge from the website of the Philippine Government

Electronic Procurement System (PhilGEPS) and the website of BCDA; provided that Bidders shall

pay the applicable fee for the Bidding Documents not later than the submission of their bids.

5. The BAC shall draw up the short list of consultants from those who have submitted Expression of

Interest (EOI), including the Eligibility Documents, and have been determined as eligible in

accordance with the provisions of Republic Act (RA) 9184, otherwise known as the “Government

Procurement Reform Act”, and its Implementing Rules and Regulations (IRR). The short list shall

consist of not more than five (5) prospective bidders who will be entitled to submit bids. The

criteria and rating system for short listing are:

a. Relevant experience of the Consultant (40%);

b. Qualifications of the Key Staff to be assigned to the Project (50%); and

c. Current workload of Key Staff relative to capacity (10%).

The Consultants must garner a score of at least seventy percent (70%) to be qualified for short

listing, but only the Bidders ranked top five (5) of the list are to be included in the final short

listing.

6. Bidding will be conducted through open competitive bidding procedures using non-discretionary

“pass/fail” criterion as specified in the IRR of RA 9184.

Bidding is restricted to Filipino citizens/sole proprietorships, cooperatives, and partnerships or

organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to

citizens of the Philippines.

7. BCDA shall evaluate bids using the Quality-Cost Based Evaluation/Selection (QCBE/QCBS)

procedure with a 75:25 ratio. The technical proposal shall be given a weight of seventy-five percent

(75%) and the financial proposal shall be given a weight of twenty-five percent (25%). The criteria

and rating system for the evaluation of bids shall be provided in the Instructions to Bidders (ITB).

8. The Contract shall be completed within sixty six (66) months.

9. BCDA will hold a Pre-Eligibility Conference (online coverage) on 09 November 2020 (Monday)

at 10:00 AM at the BCDA Corporate Center, 2/F Bonifacio Technology Center, 31st Street corner

2nd Avenue, Bonifacio Global City, Taguig City, Metro Manila and via video conferencing thru

Google Meet which shall be open to prospective bidders. To be able to join the online Pre-

Eligibility Conference, a scanned written request shall be made/emailed to the BAC Secretariat.

10. BCDA reserves the right to reject any and all bids, declare a failure of bidding, or not award the

Contract at any time prior to contract award in accordance with Section 41 of RA 9184 and its

IRR, without thereby incurring any liability to the affected bidder or bidders. Further, BCDA

reserves the right to waive minor defects in the forms and requirements as long as they do not

affect the genuineness and authenticity of the documents submitted.

11. For further information, please refer to:

STEVENSON E. TUGAS, JR.

Head of Secretariat, BAC for Consulting Services

Bases Conversion and Development Authority

BCDA Corporate Center, 2/F Bonifacio Technology Center

31st Street corner 2nd Avenue, Bonifacio Global City

Taguig City, Metro Manila

Tel. No.: (632) 8575-1753

Email: [email protected]

JOSHUA M. BINGCANG

Chairperson

BAC for Consulting Services

mailto:[email protected]

Guest

Stamp

SECTION II

ELIGIBILITY DOCUMENTS

1. ELIGIBILITY CRITERIA

1.1. The following persons/entities shall be allowed to participate in the bidding for

Consulting Services:

(a) Duly licensed Filipino citizens/sole proprietorships;

(b) Partnerships duly organized under the laws of the Philippines and of which at

least sixty percent (60%) of the interest belongs to citizens of the Philippines;

(c) Corporations duly organized under the laws of the Philippines and of which at

least sixty percent (60%) of the outstanding capital stock belongs to citizens of

the Philippines;

(d) Cooperatives duly organized under the laws of the Philippines; or

(e) Persons/Entities forming themselves into a joint venture (JV), i.e., a group of

two (2) or more persons/entities that intend to be jointly and severally

responsible or liable for a particular contract; provided, however, that Filipino

ownership or interest thereof shall be at least sixty percent (60%). For this

purpose, Filipino ownership or interest shall be based on the contributions of

each of the members of the JV as specified in their Joint Venture Agreement

(JVA).

1.2. When the types and fields of Consulting Services involve the practice of professions

regulated by law, those who will actually perform the services shall be Filipino

citizens and registered professionals authorized by the appropriate regulatory body

to practice those professions and allied professions specified in the Eligibility Data

Sheet (EDS).

1.3. If the Request for Expression of Interest allows participation of foreign consultants,

prospective foreign bidders may be eligible subject to the conditions stated in the

EDS.

1.4. Government-owned or -controlled corporations (GOCCs) may be eligible to

participate only if they can establish that they (a) are legally and financially

autonomous, (b) operate under commercial law, and (c) are not attached agencies of

the Procuring Entity.

2. ELIGIBILITY REQUIREMENTS

2.1. The following eligibility requirements, together with the Eligibility Documents

Submission Form, shall be submitted on or before the date of the eligibility check

specified in the Request for Expression of Interest and Clause 5 for purposes of

determining eligibility of prospective bidders:

(a) Class “A” Documents

Legal Documents

(i) Philippine Government Electronic Procurement System (PhilGEPS)

Certificate of Registration and Membership in accordance with Section

8.5.2 of the Implementing Rules and Regulations (IRR), except for foreign

bidders participating in the procurement by a Philippine Foreign Service

Office or Post, which shall submit their eligibility documents under

Section 24.1 of the IRR, provided, that the winning Consultant shall

register with PhilGEPS in accordance with Section 37.1.4 of the IRR;

Technical Documents

(ii) Statement of the prospective bidder of all its ongoing and completed

government and private contracts, including contracts awarded but not yet

started, if any, whether similar or not similar in nature and complexity to

the contract to be bid, within the relevant period provided in the EDS. The

statement shall include, for each contract, the following:

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

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

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

(ii.4) consultant’s role (whether main consultant, subconsultant, or

partner in a JV);

(ii.5) amount of contract;

(ii.6) contract duration; and

(ii.7) certificate of satisfactory completion or equivalent document

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

contract;

(iii) Statement of the consultant specifying its nationality and confirming that

those who will actually perform the service are registered professionals

authorized by the appropriate regulatory body to practice those

professions and allied professions in accordance with Clause 1.2,

including their respective curriculum vitae.

(b) Class “B” Documents – If applicable, the JVA in case the JV is already in

existence, or duly notarized statements from all the potential JV partners in

accordance with Section 24.1(b) of the IRR of Republic Act (RA) 9184.

2.2. The eligibility requirements or statements, the bids, and all other documents to be

submitted to the Bids and Awards Committee (BAC) must be in English. If the

eligibility requirements or statements, the bids, and all other documents submitted

to the BAC are in foreign language other than English, it must be accompanied by a

translation of the documents in English. The documents shall be translated by the

relevant foreign government agency, the foreign government agency authorized to

translate documents, or a registered translator in the foreign bidder’s country; and

shall be authenticated by the appropriate Philippine foreign service

establishment/post or the equivalent office having jurisdiction over the foreign

bidder’s affairs in the Philippines. The English translation shall govern, for purposes

of interpretation of the bid.

2.3. Prospective bidders may obtain a full range of expertise by associating with

individual consultant(s) and/or other consultants or entities through a JV or

subcontracting arrangements, as appropriate. However, subconsultants may only

participate in the bid of one (1) short listed consultant. Foreign Consultants shall

seek the participation of Filipino Consultants by entering into a JV with, or

subcontracting part of the project to, Filipino Consultants.

3. FORMAT AND SIGNING OF ELIGIBILITY DOCUMENTS

3.1. Prospective bidders shall submit their eligibility documents through their duly

authorized representative on or before the deadline specified in Clause 5.

3.2. Prospective bidders shall prepare an original and copies of the eligibility documents.

In the event of any discrepancy between the original and the copies, the original shall

prevail.

3.3. The Eligibility Documents Submission Form shall be signed by the duly authorized

representative/s of the Bidder. Failure to do so shall be a ground for the rejection of

the eligibility documents.

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

initialled by the duly authorized representative/s of the prospective bidder.

4. SEALING AND MARKING OF ELIGIBILITY DOCUMENTS

4.1. Prospective bidders shall enclose their original eligibility documents described in

Clause 2.1, in a sealed envelope marked “ORIGINAL – ELIGIBILITY

DOCUMENTS”. Each copy thereof shall be similarly sealed duly marking the

envelopes as “COPY NO. ___ – ELIGIBILITY DOCUMENTS”. These envelopes

containing the original and the copies shall then be enclosed in one single envelope.

4.2. The original and the number of copies of the eligibility documents as indicated in

the EDS shall be typed or written in ink and shall be signed by the prospective bidder

or its duly authorized representative/s.

4.3. All envelopes shall:

(a) contain the name of the contract to be bid in capital letters;

(b) bear the name and address of the prospective bidder in capital letters;

(c) be addressed to the Procuring Entity’s BAC specified in the EDS;

(d) bear the specific identification of this Project indicated in the EDS; and

(e) bear a warning “DO NOT OPEN BEFORE…” the date and time for the opening

of eligibility documents, in accordance with Clause 5.

4.4. Eligibility documents that are not properly sealed and marked, as required in the

bidding documents, shall not be rejected, but the bidder or its duly authorized

representative shall acknowledge such condition of the documents as submitted. The

BAC shall assume no responsibility for the misplacement of the contents of the

improperly sealed or marked eligibility documents, or for its premature opening.

5. DEADLINE FOR SUBMISSION OF ELIGIBILITY DOCUMENTS

Eligibility documents must be received by the Procuring Entity’s BAC at the address and

on or before the date and time indicated in the Request for Expression of Interest and the

EDS.

6. LATE SUBMISSION OF ELIGIBILITY DOCUMENTS

Any eligibility documents submitted after the deadline for submission and receipt

prescribed in Clause 5 shall be declared “Late” and shall not be accepted by the Procuring

Entity. The BAC shall record in the minutes of submission and opening of eligibility

documents, the Bidder’s name, its representative, and the time the eligibility documents

were submitted late.

7. MODIFICATION AND WITHDRAWAL OF ELIGIBILITY DOCUMENTS

7.1. The prospective bidder may modify its eligibility documents after it has been

submitted; provided that the modification is received by the Procuring Entity prior

to the deadline specified in Clause 5. The prospective bidder shall not be allowed to

retrieve its original eligibility documents, but shall be allowed to submit another set

equally sealed, properly identified, linked to its original bid marked as

“ELIGIBILITY MODIFICATION” and stamped “received” by the BAC.

Modifications received after the applicable deadline shall not be considered and shall

be returned to the prospective bidder unopened.

7.2. A prospective bidder may, through a letter of withdrawal, withdraw its eligibility

documents after it has been submitted, for valid and justifiable reason; provided that

the letter of withdrawal is received by the Procuring Entity prior to the deadline

prescribed for submission and receipt of eligibility documents.

7.3. Eligibility documents requested to be withdrawn in accordance with this Clause shall

be returned unopened to the prospective bidder concerned. A prospective bidder that

withdraws its eligibility documents shall not be permitted to submit another set,

directly or indirectly, for the same project. A prospective bidder that acquired the

eligibility documents may also express its intention not to participate in the bidding

through a letter which should reach and be stamped by the BAC before the deadline

for submission and receipt of eligibility documents.

8. OPENING AND PRELIMINARY EXAMINATION OF ELIGIBILITY DOCUMENTS

8.1. The BAC will open the envelopes containing the eligibility documents in the

presence of the prospective bidders’ representatives who choose to attend, at the

time, on the date, and at the place specified in the EDS. The prospective bidders’

representatives who are present shall sign a register evidencing their attendance.

In case the submitted eligibility envelopes cannot be opened as scheduled due to

justifiable reasons, the BAC shall take custody of the said envelopes and reschedule

the opening on the next working day or at the soonest possible time through the

issuance of a Notice of Postponement to be posted in the PhilGEPS website and the

website of the Procuring Entity concerned.

8.2. Letters of withdrawal shall be read out and recorded during the opening of eligibility

documents and the envelope containing the corresponding withdrawn eligibility

documents shall be returned unopened to the withdrawing prospective bidder.

8.3. The eligibility documents envelopes and modifications, if any, shall be opened one

at a time, and the following read out and recorded:

(a) the name of the prospective bidder;

(b) whether there is a modification or substitution; and

(c) the presence or absence of each document comprising the eligibility documents

vis-à-vis a checklist of the required documents.

8.4. The eligibility of each prospective bidder shall be determined by examining each

bidder’s eligibility requirements or statements against a checklist of requirements,

using non-discretionary “pass/fail” criterion, as stated in the Request for Expression

of Interest, and shall be determined as either “eligible” or “ineligible.” If a

prospective bidder submits the specific eligibility document required, he shall be

rated “passed” for that particular requirement. In this regard, failure to submit a

requirement, or an incomplete or patently insufficient submission, shall be

considered “failed” for the particular eligibility requirement concerned. If a

prospective bidder is rated “passed” for all the eligibility requirements, he shall be

considered eligible to participate in the bidding, and the BAC shall mark the set of

eligibility documents of the prospective bidder concerned as “eligible.” If a

prospective bidder is rated “failed” in any of the eligibility requirements, he shall be

considered ineligible to participate in the bidding, and the BAC shall mark the set of

eligibility documents of the prospective bidder concerned as “ineligible.” In either

case, the BAC chairperson or his duly designated authority shall countersign the

markings.

9. SHORT LISTING OF CONSULTANTS

9.1. Only prospective bidders whose submitted contracts are similar in nature and

complexity to the contract to be bid as provided in the EDS shall be considered for

short listing.

9.2. The BAC shall draw up the short list of prospective bidders from those declared

eligible using the detailed set of criteria and rating system to be used specified in the

EDS.

9.3. Short listed consultants shall be invited to participate in the bidding for this project

through a Notice of Eligibility and Short Listing issued by the BAC.

10. PROTEST MECHANISM

Decision of the Procuring Entity at any stage of the procurement process may be

questioned in accordance with Section 55 of the IRR of RA 9184.

SECTION III

ELIGIBILITY DATA SHEET

Eligibility

Documents

1.2

The key staff shall be licensed engineers or professionals registered by the

Philippine Regulations Commission (PRC) or accredited professionals in their

specific areas of specialization. The key staff are:

1. Project Manager

2. Deputy Project Manager (Design Review)

3. Deputy Project Manager (Civil Works)

4. Deputy Project Manager (Electro-Mechanical Works)

5. TAS/O&M Study Team Leader

6. Permanent Way Engineer 1

7. Permanent Way Engineer 2

8. Trackworks Engineer 1

9. Trackworks Engineer 2

10. Tunnel Engineer

11. Bridge/Viaduct Engineer 1

12. Bridge/Viaduct Engineer 2

13. Hydrologist/Drainage Engineer 1

14. Hydrologist/Drainage Engineer 2

15. Rolling Stock Engineer

16. Signalling Engineer

17. Terminal & Depot Facilities Engineer

18. Freight O&M Specialist

19. Systems Integration Engineer

20. Quality Assurance/Quality Control Engineer 1



23. Transport Planner

24. Financial Specialist

25. PPP Specialist

1.3

Since some of the expertise needed might not be available or lacking in the

Philippines, the Consultant has the option of providing foreign professionals

for key positions as listed above.

Foreign consultants may be eligible to participate in this Project, subject to the

following conditions to be complied within ten (10) days upon receipt of the

Notice of Award:

a. must be registered with the Securities and Exchange Commission

(SEC) and/or any agency authorized by the laws of the Philippines;

b. when the types and fields of consulting services in which the

foreign consultant wishes to engage involve the practice of

regulated professions, the foreign consultant must be authorized

by the appropriate GoP professional regulatory body specified in

Clause 1.2 to engage in the practice of those professions and allied

professions: Provided, however, That the limits of such authority

shall be strictly observed.

2.1(a)(ii)

The statement of all ongoing and completed government and private contracts

shall include all such contracts within ten (10) years prior to the deadline for

the submission and receipt of eligibility documents.

2.1(a)(ii.7)

Acceptable proof of satisfactory completion of completed contracts are

Certificate of Completion or Acceptance or valid proof of final payment issued

by the client in case of completed contracts. Only contracts that are supported

with proofs shall be considered for evaluation.

4.2 Each prospective bidder shall submit one (1) original and one (1) copy of its

eligibility documents.

4.3(c)

Bids and Awards Committee (BAC) for Consulting Services





4.3(d) Consulting Services for Subic-Clark Railway Project (SCRP)

5

The address for submission of eligibility documents is:





The deadline for submission of eligibility documents is on 17 November 2020

(Tuesday) at 09:00 AM.

8.1

The place of opening of eligibility documents is:





The date and time of opening of eligibility documents is on 17 November 2020

(Tuesday) at 10:00 AM.

9.1 Similar contracts shall refer to Consulting Services for Detailed Design and/or

Construction Management Supervision of Rail or Road Projects.

9.2

Criteria for short listing of the five (5) highest ranked proponents are:

c. Relevant experience of the Consultant (40%);

d. Qualifications of the Key Staff to be assigned to the Project (50%);

and

e. Current workload of Key Staff relative to capacity (10%);

Provided that the Bidder must obtain a minimum total score of seventy percent

(70%) to be considered for short listing. Minimum ten (10) years of relevant

experiences is required. Relevant experiences in rail projects will be given

greater score compared to relevant experiences in road projects.

SECTION IV

ELIGIBILITY FORMS

EF 1. ELIGIBILITY DOCUMENTS SUBMISSION FORM

[Letterhead]

[Date]

The Bids and Awards Committee for Consulting Services





Ladies/Gentlemen:

In connection with your Request for Expression of Interest dated [Date] for the Consulting

Services for the Subic-Clark Railway Project (SCRP), [Name of Consultant] hereby expresses

interest in participating in the eligibility and short listing for the said Project and submits the

attached eligibility documents in compliance with the Eligibility Documents therefor.

In line with this submission, we certify that:

a) [Name of Consultant] is not blacklisted or barred from biding by the Government of the

Philippines (GoP) or any of its agencies, offices, corporations, local government units

(LGUs), or autonomous regional government, including foreign government/foreign or

international financing institution; and

b) Each of the documents submitted herewith is an authentic copy of the original, complete,

and all statements and information provided therein are true and correct.

We acknowledge and accept the Procuring Entity’s right to inspect and audit all records relating

to our submission irrespective of whether we are declared eligible and short listed or not.

We further acknowledge that failure to sign this Eligibility Document Submission Form shall

be a ground for our disqualification.

Yours sincerely,

[Signature over Printed Name of Authorized Signatory]

[Title of Authorized Signatory]

[Name of Consultant]

[Address of Consultant]

EF 2. STATEMENT OF ALL ON-GOING AND COMPLETED GOVERNMENT AND PRIVATE CONTRACTS,

INCLUDING CONTRACTS AWARDED BUT NOT YET STARTED

[Letterhead]

[Date]






Ladies/Gentlemen:

In compliance with the eligibility requirements of the Bids and Awards Committee (BAC) for

Consulting Services of the Bases Conversion and Development Authority (BCDA) for the

bidding of the Consulting Services for the Subic-Clark Railway Project (SCRP), we certify that

[Name of Bidding Firm] has [State Applicable Statement: on-going and completed government

and private contracts, including contracts awarded but not yet started], as enumerated in EF 3.

Summary of Projects.

Yours sincerely,





EF 3. SUMMARY OF PROJECTS

No.1Project Name

& Location

Project

Description Client

Type of

Consulting Service Contract Amount2

If Joint Venture

Partner, Contract

Amount for

Consultant's

Involvement

(if applicable)

Part of Contract

Amount for

Consultant's

Involvement in

Detailed Design

and/or

Construction

Management

Supervision3

(if applicable)

Date of

Contract Award Contract Period4

Proof of

Undertaking5

Certified by: 1 Indicate Project No. as shown in EF 4. Consultant's References.2 In Philippine Peso.3 If Consulting Services for Detailed Design and/or Construction Management Supervision is just part of the required3 services for the contract, state how much. For Joint Venture Agreements, state how much is the subcontracted3 amount allocated for Consulting Services to this contract, in Philippine Peso.4 State the start and completion dates of the contract.

[Signature over Printed Name of Authorized Representative] 5 Certificate of Completion or Acceptance or valid proof of final payment issued by the client in case of completed

[Title of Authorized Representative] 5 contracts. Notice of Award or Notice to Proceed or signed contracts issued by the client for on-going contracts

[Name of Consultant] 5 and for contracts awarded but not yet started.

A. Completed Projects

B. Ongoing Projects

EF 4. CONSULTANT’S REFERENCES

Relevant Services Carried Out that Best Illustrate Qualifications

[Using the format below, provide information on each contract, whether similar or not similar

in nature and complexity to the contract to be bid, for which your firm/entity, either

individually, as a corporate entity, or as one of the major companies within an association,

was legally contracted.].

Project No. [State numerical order starting with number 1]

Name of Contract:

Country:

Location within Country:

Professional Staff Provided by Your

Firm/Entity (profiles):

Name of Client:

No. of Staff:

Address:

No. of Staff-Months, Duration of

Project:

Start Date (Month/Year):

Completion Date (Month/Year):

Approximate Value of Services (in ₱):

Name of Associated Consultants, if any:

No. of Months of Professional Staff

Provided by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

Consultant’s Name: ________________________________________

Important Note: Applicable supporting documents to

substantiate undertaking shall be provided during the

submission of the Technical Proposal. Only those

contracts with supporting documents will be considered

for evaluation.

EF 5. SUMMARY OF CURRICULUM VITAE

Local Foreign

1 Project Manager

2 Deputy Project Manager (Design Review)

3 Deputy Project Manager (Civil Works)

4 Deputy Project Manager (Electro-Mechanical Works)

5 TAS/O&M Study Team Leader

6 Permanent Way Engineer 1

7 Permanent Way Engineer 2

8 Trackworks Engineer 1

9 Trackworks Engineer 2

10 Tunnel Engineer

11 Bridge/Viaduct Engineer 1

12 Bridge/Viaduct Engineer 2

13 Hydrologist/Drainage Engineer 1

14 Hydrologist/Drainage Engineer 2

15 Rolling Stock Engineer

16 Signalling Engineer

17 Terminal & Depot Facilities Engineer

18 Freight O&M Specialist

19 Systems Integration Engineer

20 Quality Assurance/Quality Control Engineer 1



23 Transport Planner

Over-All Work

Experience4

Number of

Projects

Undertaken

Related to

Particular

Experience

Required as

Stated in TORNo.

Name of

Key Staff Nominated Position Nationality

Highest

Educational

Attainment2

No. of Trainings

Relevant to Profession3Registered

Profession1

24 Financial Specialist

25 PPP Specialist

Certified by: 1 Provide proof of professional registration during the submission of Technical Proposal.2 Provide proof of highest educational attainment during the submission of Technical Proposal.

3 Provide proof of trainings undertaken during the submission of Technical Proposal.

4 State number of years.

[Signature over Printed Name of Authorized Representative]

[Title of Authorized Representative]


EF 6. FORMAT OF CURRICULUM VITAE FOR PROPOSED PROFESSIONAL STAFF

Proposed Position:

Name of Firm:

Name of Staff:

Registered Profession:

Date of Birth: Nationality:

Years with Firm: Current Position in the Firm:

Education:

[Summarize college/university and other specialized education, giving names of schools, dates

attended, and degrees obtained using the matrix below]

College/University Degree/Title Obtained Inclusive Dates

Trainings/Seminars:

[Summarize the trainings, seminars, and workshops undertaken, including those conducted by

the nominated key staff, using the matrix below]

Title/Description Conducted by Inclusive Dates Venue Involvement*

*Such as participant, speaker, or trainer

Projects Undertaken Related to Detailed Design and/or Construction Management

Supervision of Rail or Road Projects:

[Provide outline of projects undertaken using the matrix below]

Title/Description Client Position Start Date Completion Date

Projects Currently Being Undertaken:

[Provide outline of projects currently being undertaken using the matrix below; projects may

or may not be related to detailed design and/or construction management supervision of rail

or road projects]

Title/Description Client Position Start Date End Date

Memberships in Professional Societies:

[Give an outline of memberships in professional societies using the matrix below]

Name of

Society/Commission

Date of

Conferment/Registratio

n

License/Professional

Number Validity Date

Languages:

[Using the format below, indicate proficiency of languages familiar with proficiency whether

excellent, good, fair, or poor in speaking, reading, and writing]

Language

Proficiency

Speaking Reading Writing

Employment Record:

[Starting with present position, list in reverse order every employment held by nominated staff.

List all positions since graduation, giving dates, names of employing organizations, titles of

positions held, and locations of projects. Indicate relevant work experience of staff in his/her

nominated position. For experience in last ten years, also give types of activities performed

and client references, where appropriate]

Certification:

I, [Full Name of Proposed Professional Staff], certify that to the best of my knowledge and

belief, these data correctly describe me, my qualifications, and my experience.

Commitment:

I further commit that I shall work for the Consulting Services for the Subic-Clark Railway

Project (SCRP) as [Nominated Position] of [Name of Bidding Firm] once awarded the contract.

Date: [Signature over Printed Name of Nominated Key Staff]

Date: [Signature over Printed Name of Authorized Representative of the Firm]

Important Note: Applicable documents to substantiate

professional registration, educational attainment, and

trainings undertaken shall be provided during the

submission of the Technical Proposal. Only those

attainments and undertakings with supporting documents

will be considered for evaluation.

EF 7. STATEMENT OF CONSULTANT SPECIFYING ITS NATIONALITY AND

CONFIRMING THAT THOSE WHO WILL ACTUALLY PERFORM THE SERVICES ARE REGISTERED PROFESSIONALS

[Letterhead]

[Date]






Ladies/Gentlemen:

[Name of Bidding Firm] is issuing this statement in compliance with the requirements of the

Bases Conversion and Development Authority (BCDA) Bids and Awards Committee (BAC)

for Consulting Services, that the members of the Project Team have the nationality as indicated

in the table below and that they can actually perform the service in accordance with the

eligibility requirements.

The proposed Project Team for the Project are:

Name Position Nationality

Project Manager

Deputy Project Manager (Design Review)

Deputy Project Manager (Civil Works)

Deputy Project Manager (Electro-Mechanical

Works)

TAS/O&M Study Team Leader

Permanent Way Engineer 1

Permanent Way Engineer 2

Trackworks Engineer 1

Trackworks Engineer 2

Tunnel Engineer

Bridge/Viaduct Engineer 1

Bridge/Viaduct Engineer 2

Hydrologist/Drainage Engineer 1

Hydrologist/Drainage Engineer 2

Rolling Stock Engineer

Signalling Engineer

Terminal & Depot Facilities Engineer

Freight O&M Specialist

Systems Integration Engineer

Quality Assurance/Quality Control Engineer 1



Transport Planner

Financial Specialist

PPP Specialist

[Name of Bidding Firm] issues this statement in accordance with Clause 2.1. of the eligibility

requirements for the Project.

Yours sincerely,





CHECKLIST AND TABBING OF ELIGIBILITY REQUIREMENTS

Tab Description

1 EF 1 Eligibility Documents Submission Form

2

Philippine Government Electronic Procurement System (PhilGEPS)

Certificate of Registration under Platinum Membership. Per GPPB Resolution

No. 26-2017, during bid submission, prospective bidders may still submit their

Class “A” Eligibility Documents pursuant to Section 8.5.2 of the 2016 Revised

Implementing Rules and Regulations (IRR) (i.e. Registration Certificate from

Securities and Exchange Commission (SEC), Department of Trade and

Industry (DTI), or Cooperative Development Authority (CDA); Mayor’s

Permit; Tax Clearance; Philippine Contractors Accreditation Board (PCAB)

license and registration; and Audited Financial Statements), or if already

registered in the PhilGEPS under Platinum category, their Certificate of

Registration and Membership in lieu of their uploaded file of Class “A”

Documents, the Certificate of PhilGEPS Registration (Platinum Membership)

shall remain a post-qualification requirement to be submitted in accordance

with Section 34.2 of the 2016 Revised IRR of Republic Act (RA) 9184.

3 EF 2 Statement of All On-Going and Completed Government and Private

Contracts, including Contracts Awarded but not yet Started

4 EF 3 Summary of Projects

5 EF 4 Consultant’s References

6 EF 5 Summary of Curriculum Vitae

7 EF 6 Curriculum Vitae for the Following Nominated Key Staff:

7.1 Project Manager

7.2 Deputy Project Manager (Design Review)

7.3 Deputy Project Manager (Civil Works)

7.4 Deputy Project Manager (Electro-Mechanical Works)

7.5 TAS/O&M Study Team Leader

7.6 Permanent Way Engineer 1

7.7 Permanent Way Engineer 2

7.8 Trackworks Engineer 1

7.9 Trackworks Engineer 2

7.10 Tunnel Engineer

7.11 Bridge/Viaduct Engineer 1

7.12 Bridge/Viaduct Engineer 2

7.13 Hydrologist/Drainage Engineer 1

7.14 Hydrologist/Drainage Engineer 2

7.15 Rolling Stock Engineer

7.16 Signalling Engineer

7.17 Terminal & Depot Facilities Engineer

7.18 Freight O&M Specialist

7.19 Systems Integration Engineer

7.20 Quality Assurance/Quality Control Engineer 1



7.23 Transport Planner

7.24 Financial Specialist

7.25 PPP Specialist

8 EF7

Statement of the Consultant specifying its nationality and confirming that

those who will actually perform the services are registered professionals

authorized by the appropriate regulatory body to practice those professions

and allied professions.

9

Audited financial statement for 2019, duly stamped “RECEIVED” by the

Bureau of Internal Revenue (BIR) or its duly accredited and authorized

institutions.

10

Valid Joint Venture Agreement (JVA), in case a joint venture (JV) is in

existence. In the absence of JVA, duly notarized statement that all potential

partners shall enter into and abide by the provisions of the JVA in the instance

that the bid is successful.

Note: BCDA shall not assume any responsibility regarding erroneous interpretations or conclusions by the

Consultant out of the data furnished by BCDA in relation to this Bidding. The Consultant shall take the

responsibility to ensure the completeness of its submission after taking the steps to carefully examine all

of the Bidding Documents and its amendments.

SECTION V

TERMS OF REFERENCE

1. BACKGROUND

1.1. BCDA Mandate. The Bases Conversion and Development Authority (BCDA) is a

government instrumentality vested with corporate powers under Republic Act (RA)

7227 (Bases Conversion and Development Act of 1992), signed into law by former

President Corazon C. Aquino last 13 March 1992. The BCDA Charter was amended

by RA 7917 in 1995, and further amended by RA 9400 in 2007. RA 7227 declared

the policy of the government to accelerate the sound and balanced conversion into

alternative productive uses of the Clark and Subic military reservations and their

extensions covered under the 1947 Military Bases Agreement (MBA) between the

Philippines and the United States of America (USA).

1.2. BCDA Economic Zones and Properties. BCDA has proven to be one of the most

successful government agencies in attracting investments, creating jobs for the

community, and upholding proper stewardship and honest governance. This it does

as it builds integrated developments, dynamic business centers, and vibrant

communities within the former military reservations. With their unique and distinct

features, the BCDA-administered economic zones remained to be among the

country’s prime investment locations (Figure 1).

FIGURE 1. BCDA-ADMINISTERED ECONOMIC ZONES AND PROPERTIES

1.3. BCDA Projects. BCDA engages in public-private partnerships (PPPs) to push

forward vital public infrastructures such as airports and tollways, economic centers,

and major real estate developments. Driven by the values of integrity, excellence,

and stewardship, it completed the world-class Subic-Clark-Tarlac Expressway

(SCTEX), developed Bonifacio Global City (BGC) in Taguig City (Metro Manila)

into the new modern financial and central business district, and is currently engaged

in building the country’s new metropolis, New Clark City (NCC).

1.4. Department of Transportation. The Department of Transportation (DOTr) is the

primary policy, planning, programming, coordinating, implementing, and

administrative entity of the executive branch of the government on the promotion,

development, and regulation of a dependable and coordinated network of

transportation systems, as well as in the fast, safe, efficient, and reliable

transportation services. As one of the first government agencies established under

the Malolos Constitution on 21 January 1899, the DOTr plays a crucial role in

accelerating the country’s economic development. It provides the backbone for

growth and enhances the country’s competitive edge by providing effective and

efficient transportation infrastructure systems that narrow the geographical and

physical divide, connecting the country, its islands, and its people to the rest of the

world.

1.5. Subic-Clark Railway Project. The Subic-Clark Railway Project (SCRP) is a

component of Philippine National Railways (PNR) Luzon System Development

Framework (Table 1 and Figure 2), DOTr’s railway master plan for Luzon Island.

It also forms part of the supporting infrastructure of BCDA’s program of promoting

the economic and social development of Central Luzon in particular and the

Philippines in general, through the sound and balanced conversion into alternative

productive uses of former military reservations and their extensions. Subic-Clark

Railway (SCR) is a 71-kilometer freight railway (Figure 3) connecting Subic Bay

Freeport Zone (SBFZ) and Clark Freeport Zone (CFZ), providing a railway link

between the Port of Subic Bay (PSB) and Clark International Airport (CRK).

Eventually, the railway will accommodate passenger service and will be extended

to NCC.

TABLE 1. PNR LUZON SYSTEM DEVELOPMENT FRAMEWORK

Line Alignment Length (km)

PNR North

PNR North Commuter 1 (aka NSCR Phase 1) Tutuban-Malolos 38

PNR North Commuter 2 (aka MCRP) Malolos-CRK-NCC 69

PNR North Long Haul

NCC-Tarlac-San Fernando 159

Tarlac-San Jose-Tuguegarao

309

Subic-Clark Railway PSB-CRK-NCC 85

PNR S

PNR South Commuter (aka NSCR Phase 2) Tutuban-Los Baños 72

PNR South Long Haul Los Baños-Legazpi 406

Legazpi-Matnog 117

outh

Los Baños-Batangas 58

SOURCE: DOTR

FIGURE 2. PNR LUZON SYSTEM DEVELOPMENT FRAMEWORK

SOURCE: DOTR

FIGURE 3. SUBIC-CLARK RAILWAY PROJECT

MAP SOURCE: GOOGLE EARTH

1.6. SCRP Project Objectives.

1.6.1. Logistics Hub. To develop the necessary infrastructure network that would

promote the Central Luzon Corridor as a total logistics hub, boosting

industrial and commercial activities.

1.6.2. Connectivity and Mobility. To complement the development of the Luzon

Railway System and provide freight and passenger interoperability with

PNR Manila-Clark, Manila-Bicol/Sorsogon, and Manila-Batangas.

1.6.3. Investing in the Regions. To attract investments and spur economic

activities outside of Metro Manila.

1.6.4. Decongesting Metro Manila. To reduce congestion in the Port of Manila

and cargo traffic in Metro Manila.

1.7. SCRP Implementation. SCRP will be implemented as a turnkey or EPCC

(engineering, procurement, construction, and commissioning) project. It will be a

joint undertaking of the DOTr and BCDA (Figure 4). A Joint Project Management

Office (JPMO) will be established that will monitor the Project through an

Employer’s Representative (ER). Funding for the Project will be Official

Development Assistance (ODA) from China (85% of the project cost) and through

General Appropriations Act (GAA) allocations (15% of the project cost). The

operation and maintenance (O&M) of the railway line will be in partnership with a

private railway operator with BCDA as the public partner.

FIGURE 4. SCRP IMPLEMENTATION

2. DESCRIPTION OF THE RAILWAY

2.1. Track Gauge. Track gauge is 1,435 millimeters (standard gauge), following the

decision of National Economic and Development Authority (NEDA) Infrastructure

Committee (InfraCom) to adopt standard gauge for all future railway projects in the

Philippines.

2.2. Number of Tracks. The railway will initially be single track, but the right-of-way

(ROW) to be acquired will accommodate already future upgrade to double track.

2.3. Alignment. The alignment of the railway is approximately 71 kilometers long and

is located in the western section of Central Luzon running on an exclusive ROW

parallel to SCTEX with some sections adjacent to it (plan and profile attached

herewith as Appendix I). It is divided into two (2) major sections:

2.3.1. Mainline. This is a 64-kilometer single track railway connecting SBFZ and

CFZ and serves as the backbone of the railway system. The alignment starts

at Subic Logistics Terminal in SBFZ and ends at Clark Logistics Terminal

in CFZ. Between the two (2) terminals, it will run across Dinalupihan

(Bataan), Floridablanca (Pampanga), and Porac (Pampanga).

2.3.2. Spur Line. This is a 7-kilometer single track railway connecting the PSB

New Container Terminals (NCTs) to the Mainline. From the Subic Logistics

Terminal, the alignment will pass underneath Cubi Point towards the PSB

NCTs, which are located just across Runway 07/25 of the Subic Bay

International Airport (SFS).

2.4. Railway Configurations. SCR will utilize three (3) railway configurations along its

alignment:

2.4.1. At-Grade Configuration. Approximately 38.6 kilometers of cut and

embankment sections will be constructed along the alignment. Majority of

these at-grade sections can be found in Floridablanca and Porac where the

topography is relatively flat.

2.4.2. Elevated Configuration. Approximately 23.7 kilometers of bridges/

viaducts will be constructed along the alignment to traverse major river

systems and land depressions. The alignment will cross several rivers,

including major river systems: (a) Pinulot River together with Cui River in

Dinalupihan, (b) Gumain River in Floridablanca, and (c) Pasig-Potrero

River in Porac.

2.4.3. Depressed Configuration. Two (2) tunnels in SBFZ will be constructed to

traverse the rolling terrain at the base of Bataan Mountain Ranges: (a) Tipo

Tunnel (7.4 kilometers) in the Mainline, and (b) Cubi Point Tunnel (1.6

kilometers) in the Spur Line.

2.5. Road Crossings. Several roads will cross the SCR alignment. Among the major

roads affected are: (a) J.A. Santos Avenue or Olongapo-Gapan Road (Dinalupihan),

(b) Porac Access Road (Porac), (c) SCTEX (CFZ), (d) M.A. Roxas Highway (CFZ),

and (e) Gil Puyat Avenue (CFZ). Most of these road crossings will be grade-

separated (overpasses or underpasses).

2.6. Design Speeds.

2.6.1. Mainline. The Mainline will be designed to allow maximum speed of 160

kph. Freight service will operate at maximum speed of 80 kph, while

passenger service (provision) will operate at maximum speed of 160 kph.

2.6.2. Spur Line. The Spur Line will be designed to allow maximum speed of 80

kph.

2.7. Traction. Since the initial rail service is for freight only, SCR will use diesel

locomotives. Once the passenger rail service is added in the future, the railway will

be upgraded to accommodate electric traction for its rolling stock.

2.8. Signalling System. Train operations shall be controlled using a fully commissioned

and operational European Train Control System (ETCS) Level 0 train control

system or equivalent.

3. DESCRIPTION OF CONSULTING SERVICES

3.1. The Employer. Funding for the Consulting Services is through the GAA allocation

of BCDA, and hence, the Contract will be with BCDA. However, the Project will

be jointly implemented by the DOTr and BCDA, and the Contractor and the

Consultant will be jointly managed through the JPMO. Thus, the Consultant will be

working in behalf of the DOTr and BCDA, collectively referred to in this Terms of

Reference (TOR) as the Employer.

3.2. Tasks. The Consulting Services will comprise of two (2) tasks: (a) the Consultant

acting as the ER for the Project, and (b) the Consultant providing Transaction

Advisory Services (TAS) for the selection of the private partner (railway operator)

for the O&M of the SCR.

3.3. Employer’s Representative. As ER for the Project, the Consultant will provide

skilled professionals who will assist the JPMO in monitoring the implementation of

the turnkey project from detailed design to revenue running of the railway. Since

some of the expertise needed might not be available or lacking in the Philippines,

the Consultant has the option of providing foreign professionals for key positions

as listed in Section 9 (Manning Requirements) of this TOR.

3.4. Transaction Advisory Services. The TAS include the conduct of the O&M Study

that will determine the viable PPP mode of implementation. If needed, the

Consultant shall also assist the JPMO in securing the approval of the O&M PPP

mode of implementation from the NEDA Investment Coordination Committee

(ICC). During the selection for the O&M private partner, the Consultant shall assist

the Technical Working Group (TWG) of the BCDA Bids and Awards Committee

(BAC).

4. OBJECTIVES OF CONSULTING SERVICES

The objectives of the Consulting Services are (a) to monitor and ensure that the

implementation of the turnkey project is according to the operational specifications and

requirements set forth in Section VI. Employer’s Requirements of the Bidding Documents

for the EPCC/Turnkey Contract for SCRP (attached herewith as Appendix II), and (b) to

provide TAS for the selection of the private partner (railway operator) for the O&M of the

railway line.

5. SCOPE OF CONSULTING SERVICES

5.1. General. The Consultant shall act on the Employer’s behalf, carry out the duties

assigned to it, and exercise the authority delegated to it. It shall fulfill its obligations

using its technical expertise according to the best accepted professional and industry

standards. It shall exercise all reasonable skill, care, diligence, and prudence in

discharging its duties and shall always work in the best interest of the Employer. It

shall deploy to the Project its technical staff with sufficient qualification and

experience to ensure the full and satisfactory accomplishment of the required

Consulting Services.

5.2. As Employer’s Representative. The Consultant shall monitor, certify, and ensure

that the implementation of the turnkey project is according to the operational

specifications and requirements set forth in the Employer’s Requirements. Among

the scope of the Consulting Services shall include, but not limited, to the following:

5.2.1. Project Management and Coordination. The Consultant shall support the

Employer in the project management and coordination of the Project, and

shall:

a. prepare and implement coordination procedures;

b. prepare and implement project control procedures;

c. prepare and implement document control procedures; and

d. propose IT (information technology) setup in the project and satellite

offices.

5.2.2. Contract Management. The Consultant shall support the Employer in the

contract management of the Project and shall:

a. prepare correspondence to the Contractor;

b. manage claim control; and

c. manage change control.

5.2.3. Permits and Approvals. The Consultant shall:

a. provide assistance to the Contractor with all permits, permissions,

and/or approvals for the Works already obtained by the Employer; and

b. assist the Contractor in obtaining all other necessary permits/approvals

from relevant authorities.

5.2.4. Right of Access to Project Site. The Employer, through the Consultant,

shall give the Contractor right of access to and possession of all or parts of

the project site in accordance with the schedule of right of access.

5.2.5. Setting Out. The Consultant shall liaise with the Contractor for monitoring

the setting out information to set out the Works in relation to the schedule

of right of access vis-à-vis the ROW acquisition schedule of the Employer.

5.2.6. Project Site Data and Items of References. The Employer, through the

Consultant, shall make available to the Contractor all relevant data in the

Employer’s possession on the topography, sub-surface, hydrological,

climatic, and environmental conditions of the project site.

5.2.7. Health and Safety. The Consultant shall:

a. monitor the Contractor’s compliance to the Plan;

b. receive reports of details of any accident from the Contractor; and

c. maintain records and make reports concerning the health and safety of

persons and any damage to property.

5.2.8. Environment. The Consultant shall:

a. certify the Contractor’s Environmental Management Plan (EMP);

b. ensure that the Contractor meets the conditions and requirements

identified in the Environmental Compliance Certificate (ECC) for the

Project;

c. certify the Contractor’s Tree Cutting Plan and assist it in obtaining the

Tree Cutting Permits from relevant authorities; and

d. assist in resolving environmental issues associated with the Project.

5.2.9. Stakeholder Coordination. During implementation of the Project,

continuous coordination will be required with various government

authorities and local government units (LGUs) for resolution of issues

related to the Project. The Employer will be the main coordinating agency

and the Consultant shall assist the Employer, wherever required, to provide

technical support by way of data, drawings, sketches, and other technical

aspects of the issues.

5.2.10. Detailed Design. The Consultant shall:

a. review the detailed design submissions prepared by the Contractor and

ensure its compliance with the functional requirements, design codes,

design requirements, rolling stock and system requirements, material

specifications, and maintenance and workmanship specifications of the

Project that are stated in the Employer’s Requirements;

b. either (i) issue a No Objection Certificate to the detailed design

submissions after finalization by the Contractor and incorporating

therein the corrections and/or modifications, or (ii) give a notice to the

Contractor that its detailed design submissions fail to comply with the

Employer’s Requirements and/or the Contract; and

c. support the Employer by taking necessary measures to assure that the

design incorporates accessibility for physically challenged people to

comply with the local law and general public expectations.

5.2.11. Overall Construction Supervision. The Consultant shall certify the

Contractor’s Works in progress and identify any schedule or coordination

conflicts, recommend measures to resolve or mitigate problems, and

implement the recommended measures with the approval of the Employer.

The Employer may issue to the Contractor instructions which may be

necessary for the execution of the Works, duly monitored by the

Consultant.

5.2.12. Programme. The Consultant shall:

a. certify and recommend approval to the Employer the Contractor’s

Programme, including updated or revised programme(s), and monitor

the progress of the Contractor’s Works;

b. certify and recommend approval to the Employer the Contractor’s

monthly work accomplishment; and

c. advise the Employer of any change to the Contractor’s Programme

where this will have an impact on the completion dates of the different

components of the Works.

5.2.13. Monthly Progress Reports. The Consultant shall certify and approve the

Contractor’s Monthly Progress Reports and take appropriate action,

including apprising the Employer, as deemed necessary.

5.2.14. Minutes of Meetings. The Consultant shall:

a. review and certify the minutes of all meetings prepared by the

Contractor, after which all agreed minutes shall be signed off; and

b. keep a record of all minutes of meetings.

5.2.15. Key Personnel. The Consultant shall:

a. certify and recommend approval to the Employer the deployment of the

key personnel to be provided by the Contractor; and

b. certify and recommend approval to the Employer any proposed

replacement of the Contractor’s key personnel only if their relevant

qualifications and abilities are equal to or better than those of the key

personnel listed on the Technical Proposal.

5.2.16. Materials, Goods, and Equipment. The Consultant shall:

a. receive notices from the Contractor before any major goods or

equipment will be delivered to the project site;

b. certify and recommend approval to the Employer if the Contractor shall

remove from the project site any major goods or equipment;

c. certify and recommend approval to the Employer all goods and

equipment for the Works upon examination, inspection, measurement,

and testing for its endorsement prior to using them by the Contractor;

d. check, certify, and recommend acceptance to the Employer the country

of origin of all goods and equipment used for the Project;

e. examine, inspect, measure, test, certify, and recommend approval to the

Employer samples of materials received from the Contractor for

consent prior to using them for the Works;

f. examine and inspect sources of materials; and

g. give notice to the Contractor on materials, goods, or equipment that has

been found to be defective and review the Contractor’s proposal for

replacement or remedial work.

5.2.17. Building Information Modelling System. The Employer intends to

establish and implement a building information modelling (BIM) system

for the Project. The Consultant shall assist and coordinate with the JPMO

to evaluate the requirements and provide technical and financial advices on

the BIM system as provided by the Contractor on the required level of

details (LOD) in 3D (three-dimension) to enable effective clash analysis

during the design and construction stages, as well as its requirements on

LOD for the operation phase.

5.2.18. Project Information Management System. The Employer is planning to

implement a project information management system (PIMS) by adopting

a suite of engineering project collaboration software of a single and

common platform to help the JPMO to manage, share, and distribute

engineering project content and review. The Consultant shall assist the

JPMO and coordinate with the Contractor who shall provide such PIMS

platform to set up the platform, manage its implementation, monitor its

progress, and ensure that the project information flows under the adopted

PIMS is effectively implemented.

5.2.19. Interface Coordination. The Consultant shall:

a. review the Contractor’s Interface Management Plan;

b. assist the Contractor in providing all necessary information to the

interfacing party (i.e. utility company, contractor of adjacent project,

etc.) for obtaining the consent for any proposed diversion, access,

service interruption, or other interface requirements; and

c. assist the Contractor in resolving problems encountered with any

interfacing party.

5.2.20. Traffic Management. The Consultant shall certify the Contractor’s Traffic

Management Plan (TMP) and assist it in obtaining the permits from

relevant authorities.

5.2.21. Payment Certificates. The Consultant shall check, review, and certify the

Contractor’s payment certificates.

5.2.22. As-Built Records. The Consultant shall check and certify as-built drawings

for the Works designed and constructed by the Contractor.

5.2.23. O&M Manuals. The Consultant shall check and certify the O&M manuals

prepared by the Contractor.

5.2.24. Spares. The Consultant shall check and certify the Contractor’s Spares

Delivery and Storage Plan and monitor its compliance.

5.2.25. Quality Assurance/Quality Control. The Consultant shall:

a. implement a quality assurance/quality control (QA/QC) system for the

Project;

b. review and certify the Contractor’s QA/QC Plan;

c. examine, inspect, measure, and test the materials and workmanship of

the Contractor’s Works; and

d. receive the Contractor’s reports on its regular internal audits of its

QA/QC system.

5.2.26. Risk Management. The Consultant shall

a. assist the Employer in reviewing the Project Risk and Hazard

Assessment Register (the Register) as provided in the Employer’s

Requirement and certify the Contractor’s compliance thereto; and

b. review and certify appropriateness of all subsequent updates of the

Register from the Contractor, including the updating of the Register as

requested by the Employer.

5.2.27. Testing and Commissioning. The Consultant shall:

a. review and certify the Contractor’s Testing and Commissioning Plan;

b. witness on-hand examination of all testing done by the rolling stock

and systems manufacturer, certify the examination, and report all the

attendance and examination to the Employer;

c. establish requirements for testing and commissioning, and oversee the

Contractor’s activities;

d. assist the Contractor by giving all necessary advice for the conduct of

the tests;

e. assist in the rectification by the Contractor when shortfalls or defects

are found during the tests;

f. keep close coordination with the manufacturers who will follow the

design, manufacture, installation, testing, and commissioning of all

plant, equipment, rolling stock, signaling, telecommunication, power

supply and control equipment, etc.; and

g. advise the Employer on the final acceptance of the system based on the

results of the prototype, serial, and/or system test.

5.2.28. Training. The Consultant shall review and certify the Contractor’s O&M

Training Plan and monitor its compliance.

5.2.29. Public Relations. The Consultant shall:

a. coordinate with the Employer in developing a public relations strategy;

and

b. assist the JPMO in preparing public consultation and briefing materials.

5.2.30. Taking-Over Certificate. The Consultant shall certify the Taking-Over

Certificate of the Contractor for the Works completed in accordance with

the Contract.

5.2.31. Defects Notification Period. The Consultant shall:

a. review the Contractor’s Defects Notification Period (DNP)

Management Plan;

b. supervise the inspections during the DNP; and

c. manage, supervise, and inspect the rectification of defects during the

DNP.

5.2.32. Trial Running. The Consultant shall make arrangements with the Railway

Operator for the conduct of the Trial Running.

5.2.33. Performance Certificate. The Employer, through the Consultant, shall

issue the Performance Certificate to the Contractor after the expiry of the

DNP and after the completion of all rectification of defects.

5.2.34. Archaeological and Geological Findings. The Consultant shall receive,

inspect, and/or investigate, and in behalf of the Employer, take custody of

all fossils, coins, articles of value or antiquity, and structures and other

remains or items of geological or archaeological interest found on the

project site.

5.2.35. Variation Proposals. The Consultant shall:

a. check and review the Contractor’s variation proposal(s);

b. prepare the Employer’s variation proposal(s) that will be executed by

the Contractor; and

c. certify all variation proposal(s) that will be executed by the Contractor.

5.2.36. Value Engineering. The Consultant shall review any written proposal

which will, if adopted, (i) accelerate completion, (ii) reduce the cost to the

Employer of executing, maintaining, or operating the Works, (iii) improve

the efficiency or value to the Employer of the completed Works, or (iv)

otherwise be of benefit to the Employer. The Employer, through the

Consultant, shall certify and give notice to the Contractor of the

Employer’s consent or otherwise to the proposal.

5.2.37. Extension of Time. The Consultant shall determine the validity of any

request for Extension of Time (EOT) and issue its findings to the

Contractor.

5.2.38. Exceptional Events. For the avoidance of doubt, the Employer, through the

Consultant, shall have the authority to suspend the work wholly or partly

by written order for such period as may be deemed necessary, due to an

Exceptional Event.

5.2.39. Termination. After the issuance of the notice for termination of the

Contract either by the Employer or the Contractor, the Consultant shall

determine the value of the Works, materials, goods, and any other sums

due to the Contactor for work executed in accordance with the Contract.

Payment shall be made net of any deductible amount in accordance with

the Contract.

5.2.40. Dispute. The Consultant shall assist the Employer during arbitration

proceedings and coordinate with the standing Dispute Adjudication Entity

appointed by the Employer for the Project.

5.3. Transaction Advisory Services. The Consultant shall provide TAS for the selection

of the private partner (railway operator) for the O&M of the railway line. Among

the scope of the Consulting Services shall include, but not limited, to the following:

5.3.1. O&M Study. The Consultant shall conduct the O&M Study that will

determine the viable PPP mode of implementation. The term “Project”, as

used in this Sub-Section, will mean the O&M aspects only for SCR and

does not include the EPCC aspects of SCRP. The tasks include the

following:

5.3.1.1. Technical Aspects.

a. Review the freight and passenger operation aspects of the

previous Feasibility Study for the SCRP.

b. Carry out a detailed assessment of the current state of freight

and passenger operation within the study area through the

conduct of traffic surveys, such as traffic volume counts,

origin and destination (O/D) surveys, freight profile surveys,

etc.

c. Conduct a thorough freight and passenger demand

estimation/analysis for SCR covering, among others, the

details on the methods and parameters used in the projection.

Aside from estimating the freight and passenger traffic

demand for the current year, traffic demand should be

forecasted for horizon years 2030, 2040, and 2050.

d. The passenger traffic demand forecasted in the previous

Feasibility Study indicated that passenger operation was not

viable due to low passenger traffic demand. Based on its

passenger traffic demand projection, the Consultant must

determine whether it will still be viable to include passenger

operation and at what year during the operation period will it

be introduced.

5.3.1.2. Economic and Financial Aspects.

a. Prepare the base case project cost estimates disaggregated

into capital expenditures (CAPEX), O&M costs, taxes,

contingencies, etc. CAPEX will consist of the cost of the

rolling stock, signalling equipment, telecommunication

equipment, and maintenance equipment provided by the

EPCC Contractor which will ultimately be paid for by the

railway operator.

b. Develop cost recovery options and alternative revenue

generation and/or viability gap funding (VGF) required from

government to ensure that the Project is sustainable.

c. Carry out a value for money (VFM) analysis using a public

service comparator.

d. Conduct an independent market assessment of potential local

and foreign investors’ interest in the Project.

e. If necessary, conduct an economic analysis, including

estimation of the economic costs and benefits for the Project,

calculation of the economic internal rate of return (EIRR),

and sensitivity analysis as required for obtaining NEDA ICC

and Board approval.

f. Conduct a financial analysis, including determination of

financial internal rate of return (FIRR) and appropriately

discounted net present value (NPV) for both project and

equity perspectives. The financial analysis model should be

designed to provide for project structuring options, including

the imposition of appropriate project financing constraints,

including, but not limited to, debt service coverage ratio

(DSCR) caps which optimize scenarios for the disbursement

of available projected cash flows to potential project

creditors. The financial analysis model should have

capabilities to perform sensitivity analysis for the purpose of

quantifying the financial impacts of different structuring

options.

g. Develop a full financial model and financing plan, including

timelines for implementation and funds flow requirements.

The financial model should include, but not limited to, (i)

travel demand forecasts, tariff modeling, shadow bid model

and bid pricing analysis model, etc., (ii) financial models for

achieving financial close, and (iii) financial model for

implementation, based on the project capital structure,

project implementation schedule and funding structure,

among others.

h. Formulate an appropriate parametric tariff adjustment

formula considering the impact of the said adjustment to all

stakeholders, as necessary.

5.3.1.3. Legal and Institutional Aspects.

a. Assess current laws and policies to ascertain the validity and

viability of the proposed PPP structure for the Project,

including BCDA’s capacity to manage and monitor

implementation of the Project, and recommend required

changes to improve the governance of the same.

b. Develop measures to enhance the attractiveness of the

Project from a financing perspective for the proposed PPP

structure.

c. Review/validate “bankability” measures for the proposed

PPP structure, such as fee payment mechanisms,

performance guarantees, pre-conditions for a private

operator to fulfill in meeting service obligations, default and

risk clauses, and step-in rights of government.

d. Formulate the appropriate institutional arrangement for the

Project taking into consideration the roles and

responsibilities of BCDA and other agencies and

stakeholders, especially Bureau of Customs (BOC) in setting

up a single entry/exit clearance of goods using SCR for both

SBFZ and CFZ instead of the current separate entry/exit

clearance in SBFZ and in CFZ.

e. Review/validate all legal requirements relating to project

implementation (compliance with related laws) and tariff

setting (legal review to identify legal processes and

impediments/requirements, including review of the

regulatory framework, relevant jurisprudence and previous

rulings, including Commission on Audit (COA) issuances

that might have an impact on the Project), and suggest

appropriate legal approaches to be undertaken in the

implementation of the Project.

f. Assess government’s role in the Project, whether that role

corresponds with the government’s legal obligations and

maintains sufficient power to protect government’s interests.

g. Develop and provide details to the legal architecture and

design of the transaction, identifying (i) the type of PPP

contractual arrangement to be used under the BOT (Build-

Operate-Transfer) Law, (ii) investment plan (how, where,

and when investments will be made), and (iii) type of public

sector support required, including terms and conditions, if

any.

h. Assist in resolving legal issues associated with the

management of the social, economic, and environmental

impacts of the Project in a manner consistent with

international best practices, including issues on resettlement

and environmental consequences of the Project.

5.3.1.4. Environmental, Social, and Gender Aspects.

a. Conduct comprehensive environmental impact study and

social risk assessment and analysis during O&M of SCR.

The Consultant will make sure that all aspects related to

environmental and social safeguards and necessary

mitigation measures are integrated into the Project’s cost.

b. Conduct analysis and identification of gender issues and gaps

that the Project must address using NEDA’s Harmonized

Gender and Development Guidelines.

5.3.1.5. Risk Assessment.

a. Conduct project risk analysis to determine, assess, allocate,

and manage risks, such as commercial (market risk),

financial, political, economic, force majeure, and legal risks.

The risk analysis should cover valuation, allocation, and

mitigation measures.

b. Based on the risk analysis, prepare a contingent liability

model for BCDA that quantifies the contingent liabilities,

how the same shall be managed, and the funding

requirements. The Consultant should recommend mitigation

mechanisms that may be adopted by the party identified to

bear each of the identified risks. In doing so, assessment and

applicability of various risk mitigation mechanisms should

be carried out, including review of the extent to which the

risks of the Project can be underwritten by commercial

insurance cover and the likely cost of such cover.

5.3.1.6. PPP Options Development.

a. Review the experience of other countries in the O&M of

(similar) freight railways under PPP and propose PPP modes

of implementation (options) that will be analyzed;

b. Evaluate various PPP options for the Project where funding

sources and mix, cost recovery mechanisms, among others,

should be considered within the context of the amended

Implementing Rules and Regulations (IRR) of the BOT Law.

c. Rank the PPP options based on pre-determined criteria with

the end view of recommending the optimal PPP modality to

be followed.

d. Provide clear details of the proposed PPP structure(s) along

with a risk assessment matrix and likely impacts to BCDA,

the private investor, and other stakeholders. The shall

identify licensing, permitting, and other legal risks that need

to be addressed and allocated for each PPP option.

e. To facilitate conduct of all the aforementioned tasks,

organize consultation meetings with concerned stakeholders,

including potential equity partners, investors, lenders, and

guarantors. The conclusions drawn from said consultation

meetings shall be taken into account in the preparation of the

O&M Study and project structuring.

5.3.1.7. Final Financial Analysis and Project Structuring of the

Recommended PPP Option. Depending on the optimal PPP

modality, the Consultant will assess and recommend the most

suitable structure for the Project and shall finalize, among others,

the following:

a. Cost estimates;

b. Financial model and sensitivity analysis;

c. Legal and institutional requirements and processes, contract

structure, and monitoring and management systems;

d. Financing plan and risk allocation and mitigation measures;

e. Default mechanisms and arbitration procedures;

f. Environmental, social, and gender impacts and mitigation

measures;

g. Stakeholder consultations, particularly with potential private

sector investors;

h. Development of the final PPP structure;

i. Detailed timelines for the bid process until contract award;

and

j. Post-bid and contract management frameworks.

5.3.2. NEDA ICC and Board Approval. Depending on the recommended PPP

option, there might be a need to secure NEDA ICC and Board approval for

its implementation. In this regard, the Consultant shall complete all the

documentary requirements to be submitted to the NEDA ICC and Board,

and assist BCDA to address all NEDA ICC concerns until the approval is

accorded by NEDA ICC and Board. These documents are listed in Section

6.4 (Deliverables – Transaction Advisory Services) of this TOR.

5.3.3. Selection of O&M Private Partner. The Consultant shall prepare all the

necessary documents to undertake a competitive and transparent bidding

process for the selection of the O&M Private Partner, and provide support

during the entire PPP bidding process until the award of the contract to a

successful bidder, including drafting the TOR. The responsibilities of the

Consultant include, among others, the following:

5.3.3.1. Bid Process Design. The Consultant shall recommend the

appropriate bid strategy (i.e. develop a blueprint of the bid

process and appropriate governance for the Project). The bid

process design and the choice between a single-stage process

vis-à-vis a two-stage process will be evaluated. The Consultant

shall provide advice and justification on the best-value bidding

parameter, including, but not limited to, least cost, least VGF for

the government, and lowest average tariff.

5.3.3.2. Bid Documents. The Consultant shall prepare all necessary

bid/tender documents, including the draft PPP Agreement,

Information Memorandum (IM), Minimum Performance

Specifications and Standards (MPSS), Request for Quotation

(RFQ), Request for Proposal (RFP), bid bulletins, qualification

and evaluation criteria, invitation to prequalification and to bid

notice, including all appropriate Bid Forms such as Bid Letter,

Statement of Bid, Technical Bid Proposal, Financial Bid

Proposal, etc.

5.3.3.3. PPP Agreement. The Consultant shall prepare a draft PPP

Agreement in close coordination with BCDA. Said draft PPP

Agreement must take into account the agreed risk allocation

regime and use best practice to maximize competition and ensure

optimal pricing while protecting BCDA’s and the Project’s

interests with a view to facilitate project implementation and

manageability over the project term. The Consultant shall also

assist BCDA in securing favorable opinion of the Office of the

Government Corporate Counsel (OGCC) on the draft PPP

Agreement.

5.3.3.4. Support during Bidding Process and Evaluation. The

Consultant shall assist BCDA in the following activities:

a. preparation or collation of documents and data to be made

available in the data room for prospective bidders;

b. issuance of all bidding-related notices/requests and

supplemental notices;

c. conduct of the pre-bid conference;

d. conduct of bidding;

e. responding to queries upon proper consultation with BCDA;

f. pre-qualification of bidders;

g. evaluation of bids; and

h. contract finalization and award.

5.3.4. Assistance until Financial Close of the Selection Process. The Consultant

shall provide all the required assistance and advisory support until the

financial close of the selection process or a period of 180 days from the

effective date of the PPP agreement signed with the selected O&M Private

Partner, whichever is earlier. The Consultant shall assist BCDA in the

following activities:

a. with all functions relating to the granting of approval on any issue to

the O&M Private Partner or signing any agreement or any other

document with the O&M Private Partner or assisting in providing

interpretations relating to any matter until the financial close;

b. compile a comprehensive close-out report and case study, and

incorporate any additional factors that may be required by BCDA (the

close-out report will be a confidential document of BCDA and DOTr,

while the case study will become a public document and made available

to government agencies); and

c. in close liaison with BCDA and in accordance with the provisions of

the PPP Agreement, draft a comprehensive PPP management plan to

help BCDA in the management of the O&M of SCR and its risks,

rights, and obligations after the financial close.

6. DELIVERABLES

6.1. General. The Consultant shall prepare and deliver reports including but not limited

to those provided hereunder. Each of such reports shall be reviewed and commented

by the Employer within fourteen (14) calendar days of the receipt of the report. The

Consultant shall thereafter revise and modify the report to comply with the

Employer’s observations and resubmit not later than seven (7) calendar days of the

receipt of such observations. Further, during the Consultant’s services, the

Employer may, at any time, instruct the Consultant for further changes in these

reports which the latter shall comply within seven (7) calendar days of such

instruction.

6.2. Video Reports. The Consultant shall take aerial progress photos and videos to

monitor site progress as additional reporting on the Project, using drones to navigate

the Works.

6.3. As Employer’s Representative. The Consultant shall prepare the following reports

and documents in hard and electronic copies using relevant software programs and

submit to the Employer the required number of copies of the reports/documents and

in the format acceptable to the Employer:

6.3.1. Inception Report. The Consultant shall submit six (6) copies of the

Inception Report within twenty-one (21) calendar days from the

commencement of services presenting technical appreciation of the service

requirement and identifying both the overall work plan and the analytical

steps to reach solutions. The report should provide the service

methodology, approach, and details on the scope of the Consulting Services

as listed in Section 5 (Scope of the Consulting Services) of this TOR.

6.3.2. Monthly Progress Reports. The Consultant shall submit six (6) copies of

the Monthly Progress Report accounting for all works actually performed

up to the end of the previous month. The monthly report shall be submitted

by the fifth (5th) day of each calendar month in a format approved by the

Employer and shall contain sections/sub-sections for, but not be limited to,

the following topics:

a. Health and Safety,

b. Environment,

c. Stakeholder Coordination,

d. Detailed Design,

e. Overall Construction Supervision,

f. Programme,

g. Deployment of Personnel (Contractor and Consultant),

h. Materials, Goods, and Equipment,

i. Interface Coordination,

j. QA/QC,

k. Risk Management,

l. Testing and Commissioning,

m. Trial Running,

n. DNP, and

o. Issues/Problems and Resolutions.

6.3.3. Technical Notes. The Consultant shall document all its reviews,

coordinations, site/field investigations, and other activities in the form of

technical notes with attached drawings, maps, test results, etc. The

Consultant shall number these technical notes sequentially and submit six

(6) copies.

6.3.4. Completion Reports.

6.3.4.1. Detailed Design Completion Report. The Consultant shall submit six (6) copies of the Detailed Design Completion Report,

inclusive of all data and drawings pertaining to the execution of

the Detailed Design for the Project which shall be submitted after

the completion of all Testing and Commissioning and before the

revenue operation of the SCR.

6.3.4.2. Works Completion Report. The Consultant shall submit six (6)

copies of the Works Completion Report, inclusive of all data and

drawings pertaining to the execution of the Works for the Project

which shall be submitted after the completion of all Testing and

Commissioning and before the revenue operation of the SCR.

6.3.4.3. Final Completion Report. The Consultant shall submit six (6)

copies of the Final Completion Report, inclusive of all data and

drawings pertaining to the execution of the remaining Works for

the Project covering the DNP, the conduct of Trial Running, and

any other activities which shall be submitted at the completion

of the Contract.

6.4. Transaction Advisory Services. The Consultant shall prepare the following reports

and documents in hard and electronic copies using relevant software programs and

submit to the Employer the required number of copies of the reports/documents and

in the format acceptable to the Employer:

6.4.1. O&M Study.

a. six (6) copies of the O&M Study;

b. if necessary, ICC Project Evaluation (PE) Forms for PPP projects and

other documents that may be required by the ICC;

c. electronic copy of the financial analysis in traceable formula format;

d. Environmental Impact Assessment (EIA)/Environmental Impact

Statement (EIS) for O&M;

e. location map;

f. necessary bid documents for the selection of the O&M Private Partner;

and

g. PPP Agreement.

6.4.2. TAS Completion Report. The Consultant shall submit six (6) copies of the

TAS Completion Report, inclusive of all data and drawings pertaining to

the execution of the TAS, covering the conduct of the O&M Study and

assistance to BCDA (a) in securing NEDA ICC and Board approval and

(b) for the selection of the O&M Private Partner, until the financial close.

7. OBLIGATIONS OF THE CONSULTANT

7.1. Responsibilities of the Consultant. Generally, but without limiting the Consultant’s

responsibilities elsewhere stated under this TOR which shall form part of the

Contract, the Consultant shall:

a. Accept full responsibility for the Consulting Services to be performed under this

TOR; and

b. Perform the Consulting Services in an efficient and diligent manner.

7.2. Records. The Consultant shall keep accurate and systematic records and accounts

with respect to the Consulting Services in such form and with such details as is

customary and sufficient to establish accurately that the design, procurement.

construction, and commissioning of the Contractor’s Works have been done

according to the operational specifications and requirements set forth in the

Employer’s Requirements.

7.3. Information and Progress Reports. In addition to the reports required in the TOR,

the Consultant shall furnish BCDA monthly progress reports and any such

information relative to the Consulting Services as BCDA may from time to time

reasonably request and as the COA may require on post-audit.

7.4. Assignment and/or Sub-Contract. Except with prior written approval of BCDA,

the Consultant shall neither assign nor sub-contract any part of the Consulting

Services to any other person or firm.

7.5. Prohibition on Professional Engagement. No full-time staff of the Consultant

during his assignment under the Contract shall, without the written consent of

BCDA, engage directly or indirectly, either in his name or through the Consultant,

in any activity in the Philippines which will conflict with the performance of his

duties or assignment under the Contract.

7.6. Confidentiality. Except with the prior written consent of BCDA, the Consultant or

its principals and staff shall not at any time communicate to any person or entity

any information disclosed thereto for the purpose of the Consulting Services, nor

shall the Consultant or its principals and staff make public any information as to the

recommendations formulated in the course of or as a result of the Consulting

Services.

7.7. Independent Contractor. Nothing contained herein shall be construed as

establishing or creating between BCDA and the Consultant the relationship of

employer and employee or principal and agent, it being understood that the position

of the Consultant and anyone else performing the Consulting Services is that of an

independent contractor.

8. OBLIGATIONS OF BCDA

8.1. Project Data. BCDA shall make available to the Consultant for reference all

existing documents pertaining to the SCRP. Whenever practicable, BCDA shall

provide assistance to the Consultant in securing data from concerned government

agencies/offices. BCDA shall furnish the Consultant all available plans, drawings,

and such other instructions or documents that may be needed for the effective

performance of its duties.

8.2. Availability of Funds. Funds required for the performance of the Consulting

Services in the amount of One Billion Five Hundred Twenty Million Five Hundred

Thirty Four Thousand Four Hundred Pesos (₱1,520,534,400.00) is made available by

BCDA through the issuance of Certificate of Budget Inclusion (CBI) for that

purpose.

8.3. Evaluation of Consultant’s Outputs. BCDA shall review and evaluate the

documents submitted by the Consultant as required herein.

9. MANNING REQUIREMENTS

9.1. General. The Consultant shall provide a team comprising qualified technical staff

support, and administrative staff (not necessarily limited to those listed below) with

satisfactory experience in implementing projects of similar nature and size. The

Consultant shall provide the resources to fulfill the general requirements described

in this TOR. The Consultant is required to have previous experience in the design

and construction management supervision of railways.

9.2. Foreign Key Staff. Since some of the expertise needed might not be available or

lacking in the Philippines, the Consultant has the option of providing foreign

professionals for key positions as listed in the table below.

9.3. Working Hours. The Contractor is expected to work double or triple shifts on some

sections of the Works, especially on the tunnel section. For these eventualities, the

Consultant must be able to provide the necessary manpower to monitor the Works.

9.4. Minimum Qualifications and Experience. The Consultant’s key staff must have

the following minimum qualifications and experience:

Key Staff Minimum Qualifications

▪ Project Manager

▪ Deputy Project Manager (Design

Review)

▪ Terminal & Depot Facilities

Engineer

▪ Freight O&M Specialist

▪ Systems Integration Engineer

▪ Quality Assurance/Quality Control

Engineer 1

▪ licensed CE/EE/ECE/ME

▪ at least ten (10) years of general work experience

▪ at least three (3) years of experience in same/similar

position in railway projects

▪ Trackworks Engineer 1

▪ Trackworks Engineer 2

▪ licensed CE




▪ Deputy Project Manager (Electro-

Mechanical Works)

▪ Rolling Stock Engineer

▪ licensed EE/ECE/ME




▪ Signalling Engineer

▪ licensed ECE




▪ Deputy Project Manager (Civil

Works)

▪ Permanent Way Engineer 1

▪ licensed CE


▪ Permanent Way Engineer 2

▪ Tunnel Engineer

▪ Bridge/Viaduct Engineer 1

▪ Bridge/Viaduct Engineer 2

▪ Hydrologist/Drainage Engineer 1

▪ Hydrologist/Drainage Engineer 2


Engineer 2


Engineer 3

▪ at least five (5) years of experience in same/similar

position in railway or road projects

▪ TAS/O&M Study Team Leader

▪ Transport Planner

▪ Financial Specialist

▪ PPP Specialist

▪ college graduate

▪ at least ten (10) years of experience in same/similar

position

▪ at least five (5) years of experience in preparing

feasibility studies

10. PROJECT DURATION

The duration of the Consulting Services being required under this TOR is sixty six (66)

months: (a) forty two (42) months for supervision of EPCC and TAS, and (b) twenty four

(24) months for DNP and Trial Running:

Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22

Year 5 Year 6Year 4

Detailed Engineering Design

TAS - O&M Study

TAS - Procurement of O&M Partner

Construction, Procurement, & Commissioning

Defects Liability Period & Trial Running

Scope of Works

Year 1 Year 2 Year 3

11. APPROVED BUDGET FOR THE CONTRACT

The Approved Budget for the Contract (ABC) under this TOR is One Billion Five Hundred

Twenty Million Five Hundred Thirty Four Thousand Four Hundred Pesos

(₱1,520,534,400.00), inclusive of value-added tax (VAT) and all applicable taxes and fees.

Bids received in excess of the ABC shall be automatically rejected during the opening of

the financial proposal.

12. MODE OF PAYMENT

In consideration of the Consulting Services being required under this TOR, the Consultant

shall be paid in the following manner:

a. An Advance Payment equivalent to half percent (0.5%) of the Contract Price shall be

made upon written request from the Consultant and the submission and acceptance by

BCDA of an irrevocable standby letter of credit of equivalent value from a commercial

bank. The Advance Payment shall be recouped by BCDA by deducting an amount

equal to ten percent (10%) of the value of invoice issued from the Progress Payments

until the aforementioned Advance Payment shall have been fully recouped or

recovered.

b. Progress Payments shall be made on a combination of (1) milestone billings based on

tasks completed and reports submitted, and (2) monthly or quarterly progress billings,

which will be calculated as follows:

i. Two percent (2%) of the Contract Price upon submission of the Inception Report.

ii. One percent (1%) of the Contract Price per month during the twelve (12) months

for Design Review for a total of twelve percent (12%) of the Contract Price.

iii. Two percent (2%) of the Contract Price upon submission of the Detailed Design

Completion Report.

iv. Two percent (2%) of the Contract Price upon submission of all deliverables for

the TAS as enumerated in Section 6.4.

v. Two percent (2%) of the Contract Price upon submission of the TAS Completion

Report.

vi. Total of seventy percent (70%) of the Contract Price during the thirty six (36)

months for the construction, procurement, and commissioning works of the

Project. The monthly progress billings shall be proportionate to the value of the

actual work accomplished by the Contractor and acceptable to BCDA. The billing

shall be accompanied by a certification issued by an authorized officer of BCDA

certifying to the percentage of actual and acceptable works accomplished by the

Contractor and that the amount being claimed by the Consultant is based on the

percentage of accomplishment of the Contractor for the period. The final monthly

progress billing must be accompanied with six (6) copies of the Works

Completion Report.

vii. One percent (1%) of the Contract Price per quarter during the twenty four (24)

months for DNP and Trial Running for a total of eight percent (8%) of the

Contract Price. The final quarterly progress billing must be accompanied with six

(6) copies of the Final Completion Report.

c. Two percent (2%) of the Contract Price as Final Payment shall be made upon the

submission of the Final Billing together with the following documents:

i. Certificate of Completion issued by BCDA to the Consultant,

ii. Sworn statement that all liabilities incurred by the Consultant have been paid and

that there are no outstanding liens, garnishments, attachments, or claims relative

to the Project,

iii. Release and Quitclaim by the Consultant, in a form acceptable to BCDA,

releasing BCDA from any further claims relating to the Consultancy Contract,

and

iv. Such other documents that BCDA may require.

Consistent with the provisions of RA 9184, all consultancy contracts shall be fixed price

contracts. Any extension of contract time shall not involve any additional cost.

13. SHORT LISTING OF PROSPECTIVE BIDDERS

The BAC shall draw up the short list of consultants from those who have submitted

Expressions of Interest (EOIs) and the Eligibility Documents, and have been determined

as eligible. The short list shall consist of at most five (5) prospective bidders who will be

entitled to submit bids. The criteria and rating system for short listing are as follows:

1. Relevant Experience of the Consultant 40%

2. Qualification of the Key Staff to be Assigned to the Project 50%

3. Current Workload of Key Staff Relative to Capacity 10%

Total 100%

The Consultant must pass the required minimum score of seventy percent (70%) to be

short listed. Minimum ten (10) years of relevant experiences is required. Relevant

experiences in rail projects will be given greater score compared to relevant experiences

in road projects. Failure of the Consultant to meet the specified requirement would result

to a zero (0) rating for the specific criterion.

14. DETERMINATION OF THE HIGHEST RATED BID

The short listed bidders shall be subjected to evaluation to determine the bidder with the

Highest Rated Bid (HRB) using the Quality-Cost Based Evaluation (QCBE) procedure

wherein the technical and financial proposals shall be given a corresponding weight

equivalent to 75% and 25%, respectively. The technical proposals shall be evaluated using

the criteria and rating:

1. Experience and Capability of the Consultant 40%

2. Quality of Key Staff to be Assigned to the Project 30%

3. Plan of Approach and Methodology 30%

Total 100%

Experiences in rail projects will be given greater score compared to experiences in road

projects. The financial proposal with the lowest bid amount shall be given the full weight

of twenty-five percent (25%) with the other financial proposals given their corresponding

weight pro-rated based on the financial proposal with the lowest bid amount.

15. PERFORMANCE SECURITY

15.1. Purpose. To guarantee the faithful performance by the winning Consultant of its

obligations, it shall post a performance security within a maximum period of ten

(10) calendar days from the receipt of the Notice of Award from BCDA and in no

case later than the signing of the Contract.

15.2. Amount and Form. The performance security shall be denominated in Philippine

Pesos and posted in favor of BCDA in an amount not less than the percentage of

the total contract price in accordance with the following schedule:

Form of Performance Security

Amount of Performance Security

(not less than the Percentage of

the Total Contract Price)

a) Cash or cashier’s/manager’s check issued

by a Universal or Commercial Bank;

Five percent (5%)

b) Bank draft/guarantee or irrevocable letter

of credit issued by a Universal or

Commercial Bank; provided, however,

that it shall be confirmed or authenticated

by a Universal or Commercial Bank, if

issued by a foreign bank; and/or

c) Surety bond callable upon demand issued

by a surety or insurance company duly

certified by the Insurance Commission as

authorized to issue such security.

Thirty percent (30%)

15.3. Forfeiture. The Performance Security shall be forfeited in favor of BCDA should

the Consultant fail to fulfill any of its obligations under the TOR or the Contract.

Additional penalties may also be imposed upon the Consultant for such failure.

16. STANDARD OF SERVICES

16.1. Technical Expertise. The Consultant shall fulfill its obligations under the Contract

by using its technical expertise and according to the best-accepted professional and

industry standards. The Consultant shall exercise all reasonable skill, care,

diligence, and prudence in the discharge of the duties agreed to be performed and

shall always work in the best interest of BCDA. To attain these, the Consultant shall

provide personnel with sufficient qualifications and experience to ensure the full

and satisfactory accomplishment of the required Consulting Services.

16.2. BCDA Instructions and Directions. The Consulting Services shall be conducted

by the Consultant in accordance with the instructions or directions made or to be

made by the BCDA at any time before its completion. The Consultant shall conduct

regular consultation with BCDA in relation to the undertaking of its responsibilities.

17. GENERAL TERMS AND CONDITIONS

17.1. Delay, Extension of Time, and Force Majeure. Any delay on the agreed

completion date from failure of performance by either of the Party shall not

constitute a default hereunder nor shall give rise to any claim if such delay or failure

is wholly attributable to acts of God, any act of sabotage, war, armed invasion,

revolution, insurrection, blockade, riot, declaration of national emergency,

industry-wide strike, or any other cause beyond the reasonable control of either

Party, or which cannot be avoided by the Consultant or BCDA despite the exercise

of due diligence.

Within ten (10) days from the occurrence of such event, the Party affected shall

notify in writing the other Party of such event of force majeure and of the

obligations or part of the works the performance of which is affected by such force

majeure. Immediately after such notification, the parties shall meet to discuss and

agree on the appropriate steps/measures to be taken to minimize the effect(s) of the

force majeure; provided that the party affected shall be entitled to an extension of

the contract time for the number of days of the delay incurred by reason of the

causes above mentioned.

17.2. Ownership of Reports and Documents. The reports, maps, drawings, documents,

and materials compiled or prepared in the course of the performance of the

Consulting Services are and shall remain the absolute properties of BCDA and shall

not be used by the Consultant for purposes unrelated to the Consulting Services

without the prior written approval of BCDA. Any equipment supplied by the

BCDA, or for which payments are made or reimbursed, shall become and remain

the property of BCDA.

17.3. Representation and Warranties. The Parties hereby represent and warrant that no

government official has benefitted directly or indirectly from this Consulting

Services. The Parties warrant that they have not offered or given, and will not offer

or give to any employee, agent, or representative of either Party, any gratuity, with

a view toward securing any business from one another, or influencing such persons

with respect to terms, conditions, or performance of any contract with each other.