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1. DECLARATION OF PRINCIPLES
1.1 These IRR, as an instrument of government, enfore and fulfill the spirit
and purpose of the 1987 Constitution as expressed in the following State policies
embodied therein:
2.1.1 It is the policy of the State to adopt a standard set of rules and
regulations governing the procurement of consulting services for
government projects and other related activities which shall:
b. Enhance the growth of the local consulting industry and optimize the
use of local expertise materials and other resource;
2.2.3 A Consultant
2.2.3.1 A Consultant is either a natural or juridical person who is qualified by
appropriate education, training and relevant experience to render any or all
of the types and fields of consulting services as defined above and in
Section 4 of these IRR. A C onsultant may either be a Filipino Consultant
or a Foreign Consultant as defined below.
a. Individual
b. Sole Proprietorship
iii. When the types and fields of consulting services in which the sole
propritorship wishes to engage involve professions regulated by
law, the owner and key staff of the sole proprietorship must be
registered professionals authorized by the appropriate regulatory
body to practice those professions or allied professions.
c. Partneship
ii. The partnership firm must be registered with and authorized by the
Securities and Exchange Commission to engage in consulting
services.
iii. When the types and fields of consulting services in which the
partnership fir wishes to engage involve professins regualted by
law, all the partners of the partnership firms shall be registered
professionals authorized by the appropriate regulatory body to
practice those professions or allied professions.
d. Corporation
iii. When the types and fields of consulting services in which the
corporation wishes to engage involve the practice of professions
regulated by law, the following conditions shall be observed:
(1) One hundred percent (100%) of both the subscribed and paid-up
capital must be owned by registered professionals authorized by
the appropriate regulatory body to practice those professions or
allied professions; and
b. When the types and fields of consulting services in which the Foreign
Consultant wishes to engage involve the practice of regulated professions, the
foreign Consultant must be authorized by the appropriate Philippine
government professional regulatory body to engage in consulting services
involving the practice of those professions and allied professions. The limits
of such authority shall be strictly observed.
2.2.5.2 The above requirements shall be complied with only as preconditions to the
award of contract but not during the selection process. Presented under
Appendix G are the documentary requirements and procedures including the
time frame involved, in registering with the Securities and Exchange
Commission and the Professional Regulation Commission.
2.3.2 The required consulting services shall be categorized into purely local experts
or joint foreign and local experts which shall be indicated in the
announcement for required consulting services.
2.5.1 Consultants shall be hired on the basis of their proven expertise, experience,
capability and integrity.
2.5.2 In order to manifest trust and confidence in and promote the development of
Filipino consultancy, Filipino Consultants shall be hired whenever the services
required for the project are within the expertise and capability to render the
services required under the project, Foreign Consultants may be hired,
provided that in the interest of effecting technology transfer, Foreign
Consultants shall be required to associate themselves with Filipino
Consultants.
2.5.3. In the hiring of Foreign Consultants, all pertinent laws and regulations of the
Philippines shall be followed. The requirement for technology transfer shall
be emphasized.
Joint ventures among Filipino Consultants and among Filipino and Foreign
Consultants may be allowed if such results in better quality of consultancy subject
to pertinent laws and the provisions of Section 2.5. The joint venture shall be
jointly and severally responsible for the services and the civil liabilities arising
from the consulting services.
3. ORGANIZATION
4.1 General
4.3.1 These are the studies which normally precede decisions to go (or not to
go) forward with specific projects. These studies may have as their
objectives:
4.3.2 Studies for objective (a) include, among others, basic resource
inventories, such as, river basin surveys, transport sector surveys, and
studies of alternative development patterns and of sectors on a regional
or nationwide scale.
4.3.2 Studies for objective (a) include, among others, basic resource
inventories, such as river basin surveys, transport sector surveys, and
studies of alternative development patterns and of sectors on a regional
or nationwide scale.
4.3.3 Studies for objective (b) include, among others, the functional design,
project site selection, architectural and space programming and
physical layout of specific projects, preliminary design an cost
estimates, and the economic and financial analyses required for project
evaluation.
4.3.4 Studies for objective (c) include, among others, analysis of project
related organizations, administrative problems, planning machinery,
regulatory and marketing policies, accounting, and management
systems, manpower resources and training requirements.
4.4 Design
c. Project management;
4.7.2 The Special Studies may include the following and otehr studies not
covered under any of the services and studies described above:
a. Soils investigation;
e. Parcellary surveys;
f. Engineering surveys (for design and construction) and
photogrammetry;
n. Housing;
o. Interior design;
p. Restoration;
q. Landscaping; and
r. Construction management.
5. SELECTION OF CONSULTANTS
5.1.1 The Terms of Reference (TOR) shall clearly and adequately define the
objectives, scope and expected outputs of the proposed works, the
expected time frame, and the functions and duties to be assigned to the
Consultants especially on the expertise desired and qualification of
individual personnel necessary for the undertaking. Normally, the
TOR is supplemented by additional information, such as summary of
data, facilities, and services, which will be provided by thef
Government department/office/agency/corporation/local government
unit to the Consultants.
5.1.2 The TOR shal subsequently form an integral part of the contract.
Only those Consultants who express their desire to offer their services for the
work contemplated shall be included in the long list of Consultants. The
Consultants who are included in the long list shall be requested to submit
prequalification statements in order to update the information in the file of
Consultants and may include, among other things, the qualifications and
experience of key personnel who may be assigned to the particular undertaking.
Appendix A presents a sample form form of prequalification statements. The
prequalification statements shall be duly notarized.
5.4.2 In drawing up the short list of Consultants, the following shall be considered:
5.4.3 Appendix B is a sample set of criteria and rating systems for short listing
Consultants.
5.4.4 The PEAC shall recommend the short list of Consultants to the Head of
department/office/agency/corporation/local government unit for
consideration/approval. If required under the loan agreement on foreign-
assisted projects, the short list shall be submitted to the foreign financial
institution together with the draft Invitation to Submit Proposal for approval or
concurrence.
v. Inforamation on policies related to the job, such as, preference for local
materials, use of labor based construction methods, energy saving technology,
etc.
e. Deadline for receipt of proposals, taking into consideration mailing time, site
visits, collection of relevant information, etc. which as a general rule shal not be
less than fifteen (15) days nor more than ninety (90) days from the date of the
actual mailing of the letter of invitation depending upon the discretion of the Head
of department/office/agency/corporation/local government unit concerned relative
to the nature of the project as indicated in the letters of government unit concerned
relative to the nature of the projects as indicated in the letters of invitation. A
sample letter of invitation to submit Technical Proposal is shown in Appendix C.
f. Criteria with its relative weights and the system of rating and selction of
Consultants.
5.5.3 In case only one shorlisted Consultant submits its technical and financial proposal,
the PEAC has the option to declare the selection process a failure or consider the
lone proposal for award provided it passes the evaluation.
5.6.1 The Technical proposals shall be evaluated based on the following criteria:
5.6.3 After the proposals have been submitted to the PEAC and during the
evaluation period local or foreign consultancy firms which have submitted
their own proposals are prohibited from making any kind of communication
with any PEAC members including its staff and personnel regarding matters
connected to their proposals. The evaluation of the technical proposal shall be
completed in not more than thirty (30) days after the deadline for receipt of
proposals.
5.6.4 The PEAC shall submit the results of its evaluation and recommend the
ranking in descending order of the Consultants to the Secretary/Agency Head
(for those not attached to a department)/governing boards of government
owned or controlled corporations (GOCCs) boards or councils of local
government units for consideration/approval within five (5) working days after
the evaluation of the proposals shall have been completed. The
Secretary/Agency Head/governming boards of government owned or
controlled corporation/boards or councils of local government units shall
approve/disapprove the recommendations of the PEAC within fifteen (15)
days after receipt of hte results of the evaluation of technical proposals
from the PEAC. In case of foreign-assisted projects, the results of the
evaluation together with the criteria used shall be submitted to the foreign
financing institution as required /agreed upon within five (5) working days
after approval of the same by the Secretary/Agency Head (for those not
attached to a department)/governming boards of GOCCS/Boards or councils
of local government units. In line with item (d) of the policy objectives, short-
listed Consultants shall likewise be furnished and other interested parties shall
be given access to the results of the evaluation after the approval of the
resolution of the award.
5.6.5 NEDA, the umbrella organization of Consultants, and all participating short-
listed Consultants/Consulting firms shall be furnished the results (ranking and
total scores only) of the evaluation after the approval by the Head of Office.
5.7.1 As a general policy, the Secretary/Agency Head 9for those not attached to
a department)/governing boards of GOCCs/boards or councils of local
government units shall have the option as to the selection procedure
(quality-based or quality cost based) to be adopted which shall be
disclosed in the advertisement.
5.7.2 For the quality-based selection procedure, the selection of Consultant shall
be made based only on the criteria described above without consideration
of hte estimated cost or financial terms of the services. A two-stage
procedure shall be adopted whereby each Consultant is required to submit
his technical and priced or financial proposals simultaneously in separate
sealed envelopes. The financial proposal of he first in rank Consultant
shall be opened and so on; provided that the amount indicated in the
envelope shall be made as the basis of subsequent negotiations and the
total contract amount shall not exceed the amount indicated in the
envelope.
5.7.3 The opening of the financial proposal of the first-ranked Consultant shall
be done in the presence of the Consultant concerned and the sealed price
proposals of the unsuccessful consultants shall be returned unopened to
them after contract negotiations with the successful consultants are
completed. There should absolutely be no replacement of personnel
before the awarding of contract unless the delay in the selection process is
due to the fault of the Government. The agency shall immediately
consider negotiation with tenext ranked firm if replacement of personnel
by the first ranked firm is conducted. Once the contract has been awarded,
no replacement shall be allowed unitl after 50% of hte personnels man-
months sha been served. Violators would be fined with the refund of the
replaced personnels basic rate and should not be less than 50% of total
basic rate for the duration of the engagement.
5.7.4 For the quality-cost based selection procedure, the financial proposal
together with the technical proposal shall be considered in the selection
of Consultants. The financial and technical proposals shall be given
corresponding weights with the financials proposal given a weights of
25% up to a maximum of 50%. This shall be indicated in the invitation to
submit proposals or included in the terms of reference. The exact weight
is to be approved by the Head of Agency upon the recommendation of the
PEAC. The weight of hte technical criteria indicated in Appendix D of
these IRR shall be adjested accordingly such that their total weight in
percent together with the weight given to the financial proposal shall add
to one hundred percent (100%). Subsequent negotiations with the first in
rank Consultant shall no longer be pursued as the cost has already been
considered in the evaluation. Firms whose financial proposal exceeds the
published agency budget shall automatically be disqualified.
5.8.1 After approval by the Secretary/Head of Agency (for those not attached to
a department)/governing boards of government owned or controlled
corporations/boards or councils of local government unit and /or after
concurrence of the foreign financial institution in the case of foreing-
assited projects of the selected Consultants for negotiation. In the letter of
notification, the PEAC shall inform the Consultant of the issues in the
technical proposal the PEAC may wish to clarify during negotiations.
5.9.2 Except for meritorious reasons, negotiatons with any one consultant shall
be completed within fifteen (15) working days.
b. Disqualification for a period of one (1) year for the first offense,
disqualification for two (2) years for the second offense and perpetual
disqualification for succeeding offense on any of the following:
6. General
6.1.1 As a general rule, the cost of consultancy shall be computed on the basis of
cost to the Consultant of actual services to be rendered by the Consultant
plus a reasonable level of management fee depending onthe complexity
and magnitude of the project, and other direct expenses associated to the
undertakings, provided that, with respect to foreign-assisted projects,
where selection of Consultants has to follow international selection
procedures, the local Consulatants may be allowed to receive
remunerations and fees that approximate international standard rates.
However, in some projects where it is generally accepted, e.g., detailed
design, the Percentage of Construction Cost Method may be used to
determine the compensation of Consultant as discussed under Section 6.8
below.
6.1.2 The cost of consultancy shall consist of the following and shall be
presented in the agreement in like manner:
6.4.1 The billing factor or multiplier shall be derived from the following to be
supported by audited financial statements prepared by an independent
auditing/accounting firm/entity and certified by the Consultant with a
sworn statement:
v. Provision for office, electricity, water, and similar items for working
space;
vii. Financial and banking costs including interest expenses and handling
charges;
In any case, the overhead cost shall not exceed 120% of the basic salary.
b. Social charges - cost items as a percentage of basic salary for the welfare and
benefit of the Consultants staff in accordance with the policies of the
Consultant and of the government of the country of the Consultant, and may
include any or a combination of the following based on audited and sworn
statement to be submitted by the Consultant to the agency concerned:
i. Bonuses;
6.4.2 The sum total of the basic salary, overhead, social charges and management fee as
percentage of basic salary represents the billing factor or multiplier. The size of
the multiplier may vary with the types of work, the organization and experience of
the Consultant, and the geographic area in which its office is located. The
multiplier normally ranges from 2.0 to 3.0 for the technical personnel, and shall
not exceed 1.8 for the administrative personnel directly hired for hte project.
6.5.1 These include all other expenses associated with the execution of the
services. These costs may be classified into:
a. International travel - this covers the cost of full fare economy class air
transportation preferably through the Philippine Air Lines by the most
direct and expenditious air routes of the expantriate Consultants staff
and their eligible dependents, i.e., wife and children under 18 years not
to exceed two (2) children, from their point of origin. Eligible
dependents are those of the personnel assigned to resident duty in the
Philippines for periods of not less than one (1) years, and for those
whose period of cnstructive assignment is over 6 monts but less than
one year, only the wife will be entitles for reimbursement of the cost
of transportation. (For air fare of dependents, half fare for children
below 11 years old). An expatriate and his wife shall be allowed the
cost of excess baggage up to 20 kilograms each per round trip;
b. Domestic travel - this covers the cost full fare economy class air
transportation by the most direct and expeditious routes of the
Consultants staff for official trips authorized by the agency and/or
explicity required in the contract;
d. Communication expenses;
g. Cost of other items deemed necessary for the project as certified by the
agency concerned.
6.7.2 The Consultant may sub-contract certain jobs like surveys, soil
investigation and testing, etc. with qualified local contractors under the
supervisin of the Consultant. The sub-contract shall be approved by the
agency and billed at cost to the agency.
6.8.1 This method may be used to determine the compesation of Consultant for
services where the principal resposibility is the detailed design or
construction supervision of facilities to be constructed.
6.8.2 Contruction Cost is defined as the estimated total cost of constructing
the facility to be covered by the proposed detailed design or construction
supervision services, excluding the fees and otehr cost of such services,
the cost of land and right-of-way, and legal and administrative expenses of
the agency. The estimated construction cost must be approved by the
Head of department/office/agency/corporation/local government unit
before the invitation to submit tecnical proposal is issued.
6.8.3 Over the years, engineering experience has established some appropriate
correlations between engineering costs and construction costs for certain
types of engineering design, where design procedures and materials of
construction are more or less standardized. These correlations have
resulted in various curves and schedules which have been widely used.
6.8.5 The percentage fee shall consider the type, complexity, location, and
magnitude of construction cost of the project and shall not exceed the
following percentages of estimated construction cost:
6.8.7 It is further emphasized that the above percentages are only ceilings and it
does not necessarily mean that the said percentages shall always be
adopted for each project. The actual percentage for a particular project
will depend on the factors mentioned above, i.e., the type, complexity,
location and magnitude of construction cost. As a general rule, projects
within a higher range of construction cost will have lower percentages of
fees than those projects within a lower range of construction cost. The
above limits of percentages shall be reduced to the extent that some of the
activities are undertaken by the government agency concerned.
6.9 Escalation
6.9.1 Adjustment of the billing rates and reimbursable cost based on fixed rates
to cope with price movements will take place not more than once a year,
with the first adjustment to be made after one (1) year from the date that
financial negotiations are finalized. All proposed rate adjustments shall
be submitted with substantiating reasons or documents. The Consultant
shall have to prove to the agency, by submitting an audited statement or
any other equivalent documentation that its average salary increase is
equal at least to the demanded percentage of price adjusment increase.
Said increases will be subject to prior approval of agency . The
adjustments will be claimed retroactive to the date approved by the agency
concerned. The Consultants request for adjustment of rates shall be
based on the audited statement but not to exceed the following formula:
1. - represents the consumer price index for the month preceding the date
of signing of the contract by the authorized official of the agency.
6.9.2 For adjustment of the foreign currency rates, the Consultant shall submit
the cost of living index as prepared by the relevant agency of the
government in the home country of the Consultant as validated and
authenticated by the Philippine Embassy in the home country.
6.9.3 For adjustment of the local rates, the Consultant shall submit the cost of
living index as prepared by the National Statistics Office (NSO).
Adjustment of rates for any one adjustment period shall not exceed ten
percent (10%).
6.9.4 No price adjustments will be allowed for reimbursable cost items other
than reimbursable costs based on fixed rates.
6.10 Contigency
6.10.1 Payments in respect of costs which would exceed the estimates set forth in
Section 6.1 may be chargeable to the contigency amounts in the respective
estimates only if such costs are approved by the agency concerned prior to
its being incurred and provided, further, that they shall be used only in line
with the unit rates and costs specified in the contract and in strict
compliance with the project needs. Contingency amount shall not exceed
5% of the amount of the contract.
a. The agency should provide the justification for the necessity of the
inclusion of the items in the contract;
a. Definition of terms;
c. Personnel to be involved;
d. Cost of services;
g. General conditions;
i. Execution.
7.3.1 In agreement shall be approved in accordance with existing laws, rules and
regulations as soon as possible but not later than fifteen (15) working days
after completion of negotiation. In case of foreign-assisted project, the
agreement shall be submitted to the financial institution for concurrence,
and approval thereof by the Secretary/governing board of
corporation/board or council of local government unit shall be made not
later than fifteen (15) working days after concurrence of the foreign
financial institution.
7.4.1 In accordance with Section 3 of Executive Order No. 164, the NEDA shall
be furnished by the departments/offices/agencies/government
corporations/local government unit concerned, with copies of all
consultancy agreements involving the amount of P 1 million or more
complete with attachments, including the documents leading to the award
of the contract in accordance with these IRR, for monitoring purposes.
7.4.2 The Government, however, reserves the right to reject any or all proposals
and to waive any required formality in the proposals received.
8. IMPLEMENTATION
The Government, as it considers fair and reasonable, may allow advance payment
to the Consultant in the amount which shall not exceed twenty percent (20%) of
the contract amount to cover the cost of mobiliztion subject to the posting of an
irrevocable standby letter of credit or a surety bond issued by an entity acceptable
to the agency and of an amount equal to the advance payment. The advance
payment shall be repaid by the Cosultant by deducting from his monthly progress
payments such sum as agreed upon during contract negotiations until fully
liquidated within the duration of the contract.
To guarantee the faithful performance of the Consultant under contract, the final
payment shall be withheld until after a certificate of completion indicating
satisfactory completion of the consultancy services shall have been issued by the
concerned government agency. The final payment should not be less than 10% of
the total contract amount but may be released if substituted by a surety bond of the
same amount, callable on demand, or a letter of credit from an accredited
insurance or financial institution. The bon should only be held within one year.
9. APPLICABILITY
9.1 These IRR on the procurement of consulting services for government projects
shall be used by all government agencies including local government units,
government owned or controlled corporations and instrumentalities in the
procurement of consulting services for government projects or related activities.
9.2 Any amendment to these IRR shall apply to all consulting services advertised after
ten (10) days from date of its dissemination by the National Economic and
Development Authority (NEDA) Committee on Infrastructure (INFRACOM).
For consulting services advertised before said effectivity date, the previous IRR
shall apply.
9.3 The above notwithstanding these IRR shall not negate any existing and future
commitments with respect to the selection of Consultants financed partly or
wholly with funds from international financial institutions, as well as from
bilateral and other similar sources as stipulated in the corresponding agreements
with such institutions/sources.
APPENDIX A
The numbers below correspon to the numbers contained in the enclosed form.
2. Name of affiliate firms, their year established, countries of origin, and type
of organization.
3. Type exact and complete home office, business address, telephone number
and cable address. For consulting firms of foreign registry, indicate if
there is any branch office/s established in the Philippines and where
established.
7. List not more than two (2) principals who may be contacted by this Office.
Listed principals must be empowered to speak for the firm on policy and
contractual matters.
8.b Indicate bank references and bank address. It is a must that the
latest balance sheet duly signed by an independent Certified Public
Accountant or accounting firm be submitted with this form.
8.c The chart listed under this item represents the ranges of
professional Service Fee. The indices should be indicated under
item no. 10, last column.
11. List of projects the firms has been engaged in consulting services.
NOTE: Additional data, brochures, photos, etc. should not accompany this form unless
specifically requested.
CONSULTANTS PREQUALIFICATION FORM DATE:
a. Civil Engineers
b. Structural Engineers
c. Electrical Engineers
d. Mechanical Engineers
e. Architects
f. Economists
g. Others (Specify)
SUPPORT TECHNICAL
(Indicate as in above)
ADMINISTRATIVE STAFF
(Indicate type, e.g. typist)
10) PROJECTS HANDLED BY THE CONSULTANT FOR THE LAST FIVE YEARS
PROJECT NAME/YEAR SERVICE CLIENT INDEX
RENDERED FEE
________________________________________________________________________________
DESCRIPTION OF PROJECT
DESCRIPTION OF SERVICES FIRM PROVIDED
LIST TYPES OF SERVICES FOR ASSOCIATED ASPECTS OF OVERALL PROJECT
THE LIST OF EQUIPMENT, INSTRUMENT AND VEHICLES OF CONSULTANT
(OWNED AND LEASED)
NAME COST DATE PURCHASED
OR LEASED
__________________________
PRESIDENT
NOTARY PUBLIC
APPENDIX B
The rating multiplied by their respective weights give the weighted scores. These
are added to determine the total points for a Consultant. The Consultant may then be
ranked according to their total points and the top three to seven may be considered as the
short list.
APPENDIX C
(DATED) _______________
(Name of Firm)
(Address)
Gentlemen:
1. The background and experience of your consulting firm including a list of past
and present work of similar nature to the proposed service. (Indicate if the
requested information is already included in the files of the Consultant
available in the agency concerned and no updating is necessary.)
2. The methodology and basis of design which you propose to adopt for all the
elements of the proposed system, defining the design objective and problems,
the design concepts and criteria to be applied in solving the problem and in
attaining the objectives, citing appropriate authorities and reference and
making an appraisal of the available data in the Feasibility Study Report,
identifying additional data that could be secured, and giving comments on the
Terms of Reference.
3. The proposed Work Plan, specifying the work methods and detailed
procedures that you propose to follow, and a PERT/CPM diagram and
description of the sequence, duration and the probable timing of each of the
work phases.
5. The financial plan, identifying your source of funds for financing the project,
the manner by which you desire to be paid for this work and the latest
financial statement of your firm duly received by the BIR. The details of office
space, equipment, vehicles and service required for the project and how you
propose to provide them.
After all the Technical Proposals have been received and evaluated, we will
negotiate for financial and other termsf of the contract with the firm
submitting the first-ranked proposal without delay. This will be on or about
(Date). Should such negotiations fail to arrive at mutually agreable terms and
conditions of a proposed contract, we will then negotiate with the Consultant
submitting the nest-ranked proposal and so on untill a mutually satisfactory
contract could be concluded.
Selection will not be made on the basis of price. As starting point in the
financial negotiation, however, we request you to submit, along with your
technical proposal, and in separate sealed envelope, your price quotations or
Financial Proposal for undertaking the servicesf contermplated preferably in
accordance with the job itemization in the Terms of Reference. This sealed
envelope will be opened only after selection of the best proposal. It will not,
however, be authomatically the basis for the contract price but shall be subject
to negotiations as outlined in the preceding paragraph.
__________________________
(Chairman)
PREQUALIFICATION, EVALUATION
AND AWARD COMMITTEE
APPENDIX D
A. Project Manager
(DATE)
___________________
(Name of firm)
(Address)
Gentlemen:
After evaluating the Technical Proposal you submitted for the above-mentioned
services, we are considering you/your firm to undertake the consulting services for the
(Brief statement of the job, e.g., Detailed engineering of the port of Cebu).
Please send your duly authorized representative to this Office on (Date) at (Time),
to negotiate with the members of the Prequalification, Evaluation and Award Committee
for Consultancy (PEAC) the financial and other terms leading to a possible execution
between you and the (Name of the Agency).
As mentioned in our letter for Request for Technical Proposal issued to you on
(Date), the sealed envelope containing your Financial Proposal for the required services
will then and there be opened. The price specified therein will be the starting point in the
negotiations for financial term.
This letter is neither an award nor a commitment by this Office but is merely to
notify you of the date and time of the negotiations for the services contemplated.
______________________________
(Chairman)
APPENDIX F
ARTICLE 1
DEFINITIONS
1. Agreement This document for consulting services between the (agency concerned)
and Consultant together with all the Appendices and attachments is defined as the
Agreement.
________________________________________________________________________
________________________________________________________________________
4. Staff All technical members of Consultants Project Team other than the Principals
are defined as the Staff as listed in Appendix D hereof.
5. Local Currency-Peso and the sign P means the currency of the Philippines.
6. Foreign Currency- means the currency other than that of the Philippines.
7. Billing Rates Billing Rates are defined as the Remuneration Rates to be paid by the
(agency concerned) to the Consultant for each man-month rendered by Consultant
staff to the Project. It shall cover monthly salaries or basic rates, social charges and
management fee.
8. Salaries are defined s the as the remuneration paid to the Staff directly engaged in the
Project work for the time actually devoted to the Services.
9. Social charges and Overhead Allowances Social charges and Overhead allowances
are defined as a percentage of Direct Salaries and cover salary related costs, costs with
respect to insurance, sickness, holiday and vacation pay, social security, pension fund
and similar payments, and overhead charges.
10. Fee The fee is defined as a percentage of Salaries plus Social Charges and overhead
charges.
11. Reimbursable Expenses These are defined as all costs other than Billing Rates
which are associated with the execution of the services and categorized as costs based
on agreed fix rates and actual costs which are supported by receipts.
12. Applicable Law The law of this agreement shall be the laws of the Government of
the Republic of the Philippines or, in the case of foreign-assisted projects, the law as
may be agreed upon during negotiations and provided for under the governing
loan/grant agreements.
ARTICLE III
SERVICES
The Consultant shall perform the Services under this Agreement in accordance
with the final Terms of Reference set forth in Appendix A-1 incorporating all
revisions as agreed upon between the contracting parties.
The Consultant shall fulfill its obligations under this Agreement by using the
technical knowledge and according to the best-accepted professional standards.
The Consultant shall exercise all reasonable skill, care and diligence in the
discharge of the duties agreed to be performed and shall always work in the best
interest of the Government. To attain these ends, the Consultant shall provide
personnel with adequate qualifications and experiences and such number as may
be required for the best fulfillment of the services, subject to the approval of the
Government. The bio-data of the key personnel indicated in the Technical
Proposal is appended hereto as Appendix B and forms part of this Agreement.
Notwithstanding any contrary provisions herein, the parties hereto agree that
consultant shall perform the Services in accordance with Plan attached as
Appendix C hereto and, for the performance of its obligation under this
Agreement, it shall make available a total of_____ man-months of service in the
Philippines and (home office) which, as specified by different classes of Personnel
in Appendix D hereof, consist of _____ man-months services by the foreign
Consultant and _____ man-months services by the local Consultant. Unless
otherwiseagreed upon by the parties hereto, in no event consultant shall have
obligations to render the services in excess of the said man-months of services. It
is, however, agreed that (agency concerned) may from time to time assign other
work under this Agreement for due performance by consultant. Consultant agrees
to accept said assignment of work on terms and conditions mutually acceptable to
(agency concerned) and Consultant. In connection with this Agreement, a man-
month of service is defined as services of period of time equivalent to one (1)
calendar month based on the person rendering or performing such services for 176
working hours per month on the average.
ARTICLE III
PERSONNEL
3.01 Staff
The services shall be carried out by the Personnel specified in Appendix D and for
the respective period of time indicated therein. The Consulting may, with the
prior approval of (agency concerned) make adjustments in such periods as may be
appropriate to ensure the efficient performance of the Services, provided that such
adjustment will not cause payments made under the Agreement to exceed the cost
estimated referred to in Section 4.01.
Except as the (agency concerned) may otherwise agree the Staff shall consist of
those indicated in the Technical Proposal and no charges shall be made in the
Staff. In the event any employee resigns, is discharged or is withdraw due to
circumstances beyond the control of the consultant without the permission of
(agency concerned) prior to completing his contract period of service in the
Philippines, Consultant shall, without cost to (agency concerned) undertake to
provide a suitable personnel of equivalent or better qualifications acceptable to
(agency concerned) whose remuneration shall not exceed that which is being
received by the one he has replaced. In like manner, it shall replace any of its
Staff who is found by the (agency concerned) to be unqualified, incompetent or
otherwise becomes undesirable. However, if any expatriate employee while
stationed in the Philippines shall become incapacitated by illness or accident in
connection with his work and the same is not due to his willful misconduct, the
employee upon certification of his incapacity by a Philippine Government medical
doctor, may be returned to his point of origin. In such case and in case of a
deceased employee, the cost of the employees return transportation shall be
reimbursed by (agency concerned) including the cost of his replacement.
The consultants expatriate personnel shall not participate in the political affairs of
the Philippines and shall not act against local laws, customs and traditions. The
Government may require the Consultant to withdraw or replace any person, at no cost to
the Government pre-judicial and adverse to its laws, interest, customs, and traditions.
The Consultant shall ensure that at all time during the fieldwork, a resident
engineer, acceptable to the (agency concerned) shall take charge, as team leader
(either the Project Manager, project Director, etc.), of the operation of the staff in
the field and likewise, be responsible for liaison between the Consultant and the
(agency concerned).
The Consultant shall be responsible for determining that all Expatriate Personnel
and their accompanying dependents are physically fit to work under this
Agreement and to in the Philippines, and for this purpose:
3.05.1 The Consultant shall ensure that all long term Personnel and their
accompanying dependents are examined by a licensed doctor of medicine,
prior to departure for the Philippines. The Consultant shall require the
doctor to certify that in the doctors opinion, such Personnel and
dependents are physically qualified to work and reside in the Philippines.
3.05.2 If the Personnel and dependents have no such medical certificates prior to
the departure for the Philippines, and such Personnel is unable to perform
the type of activity for which he is employed, and is unable to complete his
tour of duty because of any physical disability, the Consultant shall not be
reimbursed for the return transportation cost of physical disabled
Personnel or his dependents and their effects, nor shall the Consultant be
reimbursed for travel to the Philippines of a replacement for such disable
personnel and for shipment of his effects.
ARTICLE IV
PAYMENT TO CONSULTANT
An estimate of the cost of the service payable in foreign currency is set forth in
Appendix E. Estimates of the cost of the Services payable in local currency is set
forth in Appendix G.
Except as may otherwise be agreed upon under Section 4.08 and subject to
Section 4.03 and notwithstanding any other provisions of this Agreement,
payment under this Agreement shall not exceed in foreign currency (state foreign
cost) and in the Philippine Pesos (state Philippine Pesos cost).
The amounts provided for in Section 4.02 have been fixed on the understanding
that the (agency concerned) will make available free of charge to the Consultant
the exemptions assistance services, and facilities provided in Article 5.03.
Payments in respect of costs which would exceed the estimates set forth in
Appendix E hereof, may be chargeable to the contingency amounts in the
respective estimates only if such costs are approved by the (agency concerned)
prior to its being incurred and provided, further, that they shall be used only in
line with the unit rates and costs specified in the Agreement and in strict
compliance with the Projects needs.
4.06.1 Reimbursable expenses, as shown in Appendix F shall include but are not
limited to the following:
(a) (i) the cost of full fare economy class air transportation by the most direct and
expeditious air routes of the Personnel and their eligible dependents
(spouse and children 18 years not to exceed two (2) children) from their
point of origin. Eligible dependents are those of the Personnel assigned to
resident duty in the Philippines for periods of not less than one (1) year
and for those whose period of constructive assignment is over 6 moths but
less than one year, only the spouse will be entitled for reimbursement of
the cost of transportation.
(ii) for the air travel of each of the Personnel, and his/her spouse, the cost of
excess baggage up to 20 kilograms per person, per round trip.
(b) the cost of international communications incurred in the home offices for
purposes of the Services such as postage, telex, cable, telephone, courier
services, air freight of documents, etc. at actual cost.
(d) Cost of items not covered but which may be required by the consultant for the
successful and timely completion of the services, subject to prior
authorization in writing by the (agency concerned).
The (agency concerned) shall pay or reimburse to the Consultant in Pesos for the
expenditures incurred in the Philippines in respect of the Services but subject to
the ceiling amount specified in Section 4.02 as follows:
4.07.1 Payment for Services of Personnel of the local Consultants and local
associates as defined in Appendix G on the basis of time actually spent on
the Project. The breakdown of billing rates is presented in Appendix H
4.07.2 Per diem and living allowances for the Expatriate Personnel of the
Consultants for every day which such Expatriate Personnel shall be in the
Philippines, at the rates specified in Appendix G.
4.07.3 For local Consultant, per diem allowance at the rates specified in
Appendix G while in the Project site or outside of designated official
station of duty.
4.07.4 Domestic travel, which covers the cost of full fare economy class air
transportation by most direct and expeditious routes of the Consultants
staff for official trips authorized by the (agency concerned).
4.07.7 Cost of items not covered in the foregoing but which may be required by
the Consultants for completion of the Services, subject to the prior
authorization in writing of the (agency concerned).
4.09.1 Within thirty (30) days after given notice to proceed, the (agency
concerned) shall pay the consultant the amount of __________ as
mobilization expenses subject to the posting of an irrevocable standby
letter of credit or surely bond issued by the GSIS or other entities
acceptable to the Government and of an amount equal to the advance
payment. Said amount shall be offset by the (agency concerned) by
deducting twenty percent (20%) of the value of the invoice from every
subsequent invoice starting from Invoice No. 1 until said payments have
been fully offset. The period of recoupment of the advance payment
however should not be more than 11/2 of the contract duration.
4.09.2 Consultant will submit monthly invoices for services render and
reimbursable costs to the (agency concerned) with such supporting
documents as may be reasonably requested by (agency concerned). Said
invoices shall be duly certified by the Consultant and shall contain a
certificate to be executed by an authorized officer of the (agency
concerned), certifying that the amount being claimed is due and payble
under the terms of this Agreement. Within thirty (30) dayys from the
receipts of foreign exchange invoice and supporting documents, (agency
concerned) will submit the invoices to the (lending institution, as the case
may be) for payment to the Consultant in foreign currency. Should
additional supporting information be required and/or an error in the
computation be found in the submitted invoices after process and the same
can no longer be corrected without reprocessing or canceling the whole
billing, the (agency concerned) may still submit said invoice to the
(lending institution) for payment but shall advise the Consultant of
adjustment and/or provide the necessary additional documentation in the
subsequent invoice.
4.09.3 If any invoice includes any item, which appears questionable, (agency
concerned) shall issue a written objection, shall deduct the item from the
invoice, and approve the undisputed balance of the invoice as stipulated in
Section 4.09.2 above. The Consultant may resubmit the disputed items
with additional supporting documents in subsequent invoices.
The method of billing and payment to the Local Consultant will be the same as
specified above, except that (agency concerned) will pay the Consultants in
Manila and in Philippine Pesos.
4.11 Should consultants progress fall more than twenty percent (20%) behind the
approved work schedule due to circumstances which, in the opinion of the
(agency concerned), were within the control of or could have reasonably been
foreseen by the Consultant, then the (agency concerned) may withhold all or part
of the Consultants itemized statements until progress is brought back within at
least twenty percent (29%) of that schedule. Any revisions in the scheduling of
activities in the event of major delay in the work due to Consultants failure shall
in no case involve cost overruns resulting from any additional man-months
making up for the delay.
4.14 Escalation
Adjustment of the billing rates and fixed allowances under Appendices F and G to
cope with price movement will take not more than once a year, the first
adjustment to be made after 12 months from the date of signature of the contract
by (the appropriate official of the agency concerned). All proposed rate
adjustment shall be submitted with substantiating reasons and documents. The
Consultant shall have to prove to the (agency concerned) by submitting an audited
statement or any other equivalent documentation that its company average salary
increase is equal at least to the demanded percentage of price adjustment increase.
Said increase will be subject to prior approval of the agency concerned). The
adjustments will be claimed retroactive to the date of approval by the (agency
concerned). The Consultants request for adjustment of rates shall be based on an
annual audited statement but not exceeding the following formula:
For adjustment of the foreign currency rates, the Consultant shall submit cost of
living index as prepared by the relevant agency of the government in the home
office country of the Consultant as validated and authenticated by the Philippine
Embassy in the home office country. For adjustment of the local rates, the
Consultant shall submit the cost of living index as prepared by the National
Census and Statistics Office (NCSO).
ARTICLE V
OBLIGATIONS OF THE (AGENCY CONCERNED)
5.01.3 any household, personal effects and furnishing brought into the Philippines
by the Expatriate personnel and their dependents for their personal use or
consumption, which will be consumed in the Philippines or will
subsequently be, withdraw therefrom upon the departure of the Consultant
and Expatriate Personnel from the Philippines.
Provided that
(a) The Consultant and the Expatriate Personnel and their dependents
shall comply with customs, laws rules and regulations of the
Government in importing property into the Philippines; and
5.02.2 Assist the Consultants personnel and their dependents with respect to any
necessary entry and exit visas, residence for their stay in the Philippines.
5.02.4 Arrange for the provision to the Consultant and each of the staff work,
permits and such other documents as shall be necessary to enable them to
perform Services.
5.03 Services and Facilities
5.03.1 Transportation and Office Space at Project Site The (agency concerned)
shall provide:
(a) Suitably furnished office space for Consultants staff as the Project
Site.
(c) Access to Project data so the Consultant can accomplish its work in
an efficient manner.
The (agency concerned) shall assign certain technical and administrative staff to
work with the Consultant. Such personnel shall be directed and supervised by the
Consultant but they shall remain the employees of the (agency concerned) and
their salaries as well as other costs shall be borne by the (agency concerned). A
list of such personnel and the periods of assignment arepresented in Appendix I,
appended hereto and forming part of this agreement.
The (agency concerned) warrants that the Consultant shall have free and
unimpeded access to all lands and properties required for the effective execution
of the Services. Likewise, it shall be responsible for any damage to such land or
any property thereon resulting from such access (unless such damage is caused by
the willful default or negligence of the Consultant or its Staff).
ARTICLE VI
OBLIGATIONS OF THE CONSULTANT
(c) Perform the work in an efficient and diligent manner and shall use its
best effort to keep reimbursable costs down to the possible minimum
without impairing the quality of the Services rendered.
(d) The Consultant shall comply with, and strictly observe any laws
regarding workmens health and safety, workmens welfare,
compensation for injuries, minimum wage, hours of labor and other
labor laws.
6.01.2 Recommendations of Consultant Should the recommendations of the
Consultant be changed in such a way safety and/or economy of the Project
is jeopardized, Consultant may request a written release from
responsibility for that part of the Project in question.
6.01.3 Liabilities of the Consultant the Consultant for detailed design shall be
held responsible for failure of the facility due to faculty design. The
review made by the Client shall not release the Consultant from
responsibility except when substantial changes have been made without
the conformity of the Consultant.
6.02 Records
6.02.1 Keep accurate and systematic records and accounts in respect of the
Services in such form and detail as is customary and sufficient to establish
accurately that the costs and expenditures under this Agreement have been
duly incurred.
6.02.2 Permit the duly authorized representative of the (agency concerned) from
time to time to inspect its records and account as well as to audit the same.
The Consultant furnish the (agency concerned) monthly progress report and any
such information relative to the Services and the Project as the (agency concerned)
may from time reasonably request.
6.04 Assignment and/or Sub-Contract
6.04.1 Except with prior written approval of the (agency concerned), consultant
shall not assign nor sub-contract any part of the professional engineering
services under this Agreement to any other person or film.
6.04.2 The approval by the (agency concerned) and the (lending institution) to the
assignment of any part of said Services or to the engagement by the
Consultant of Sub-Contractors to perform any part of the same shall not
relieve the Consultant of any of its obligations under this Agreement.
The Consultant agrees that during of after the conclusion or termination of this
Agreement, it shall limit its role under the project to the Provision of the Services
and hereby disqualifies itself and any other contractor, consulting engineer or
manufacturer with which it associated or affiliated, from the provision of goods
and other than the Services herein, except as the (agency concerned) may
otherwise agree.
No full time foreign Staff during his assignment under this Agreement shall
engage, directly, either in his name or through the Consultant, in any other
business or professional activities in the Philippines other than performance of his
duties or assignment under. On the other hand, the (agency concerned) shall not
extend any appointment to Consultant Staff during the period of their assignment
except upon prior written approval of the Consultant.
6.07 Confidentiality
Except with the prior consent of the (agency concerned) the Consultant and the
Staff shall not at any time communicate to any person or entity ant information
disclosed to them for the purpose of the Services, nor shall the Consultant or the
Staff make public any information as to the recommendations formulated in the
course of or as a result of the Services.
ARTICLE VII
GENERAL CONDITIONS
The proper law of this Agreements shall be the law of the Government of the
Republic of the Philippines or, on the case of foreign-assisted projects, the law as
may be agreed upon during negotiations and provided for under the governing
loan/grant agreement. The Consultant and its Staff will conform to all applicable
laws of the same and will take prompt corrective action with regard to any
violation called to their attention.
7.02.1 On Records and Other Documents Reports and all relevant data such as
maps, diagrams, plans, design, static, specifications and other supporting
record or materials compiled or prepared in the course of performance of
the service shall be the absolute properties of the (agency concerned) in
accordance with existing laws and shall not be used by the Consultant for
purposes unrelated to this Agreement without the prior written approval
of the (agency concerned). Corollary, the (agency concerned) shall inform
the consultant (non-architect) of any re-use of subject documents other
than those for which they were intended or prepared for under this
agreement. Copies of such documents as required in the TOR shall be
turned over to the (agency concerned) upon completion of the Project
except that Consultant shall have the right to retain two (2) copies of the
same.
However, the above may not apply to contracts for architectural services as
may be governed by architectural law(s).
(a) Those supplied by the (agency concerned) for the Project which shall
be turned by the Consultant after checking the inventory in accordance
with the procedures as determined by the (agency concerned).
The (head of the agency concerned) will designate in the writing as official who
shall keep in touch with the works, and shall be the authorized medium of
communications and/or approval in all matters relating to the Services under this
Agreement. Consultant shall, in advance consult and receive approval of the
(head of the agency concerned) or his designated official or officials before acting
upon important technical decisions and procedures.
7.04. Insurance
7.04.1 The (agency concerned) shall take out and maintain adequate insurance
against loss or damage to equipment for the Project, which are purchase in
whole and in part with funds provided by the (agency concerned).
7.05 Changes
The (agency concerned) may at any time, by written notice to Consultant issue
additional instructions, require extra work or services, changes or alterations in
the work, or direct the omissions of works of Services covered by this Agreement.
Consultant shall make no additional changes, alterations and omissions except
upon the prior written approval of the (agency concerned).
It is estimated that for the purpose of this Agreement, a term of no more than ___
calendar months will be required from the date of issuance of Notice to Proceed
until completion of Services as set forth in Appendix D.
7.08 Audits
The Consultant shall keep clear and orderly records of all accounts, expenses,
salaries and costs. The monthly invoices to be submitted by Consultant under the
provisions of Section 4.09 and 4.10 of Article IV of this Agreement shall be
subject to review or verification by the (agency concerned) for purposes of
payment. the expenses in connection with such review or verification shall be for
the account of the (agency concerned).
When the Services under this Agreement are completed to the satisfaction of the
(agency concerned), (agency concerned) shall issue a certificate of completion to
Consultant.
It is agreed that this Agreement expresses all the understanding, promises and
covenants of the parties and that it intergrates, combines an supersedes all prior
negotiations, understandings and agreements whether written or oral.
The Consultant represents and warrants that it is located in and is a national of the
__________ and that the Staff an Services will be substantially from the that
country except as may otherwise be provided herein.
If any terms or conditions f this Agreement is held invalid or contrary to law, the
validity of other terms and conditions hereof shall not be affected thereby.
7.14 Warranty
The Consultant hereby warrants that it has not given, or promised to give any
money or gift to any official or employee of the (agency concerned) or the
Government to secure this Agreement. Any violation of this warranty shall be
sufficient ground for revocation or cancellation of this Agreement.
In cases where fixed billing rates are not used, the consultant shall make a
representatio that the salaries and other cost data included in the consultants
financial proposal are based on actual salaries and overseas allowances and that
the factors quoted for overhead, social charges and profict are based on the
consultants average cost expenses for the last three (3) years as presented in the
consultants annual financial report.
ARTICLES VIII
8.01 Disputes
Any dispute concerning any question arising under this Agreement which is not
disposed of by agreement between the parties, shall between the parties, shall be
decided by the (head of the agency concerned) who shall furnish Consultant a
written copy of this decision.
8.02 Arbitration
The decision of the (head of the agency concerned) shall be final and conclusive
unless within thirty (30) days from the date of receipt thereof, Consultant shall
deliver to (agency concerned) a written notice addressed to the (head of agency
concerned) statin its desire to submit the controversy to arbitration. In such event,
the dispute shall be decided in accordance with Philippine Laws (Executive Order
No. 1008) or through international arbitration in the case of foreign-assisted
projects as may be required.
8.03 Enforcement
8.05 Suspension
If any of the following events shall have happened and be continuing, the (agency
concerned), may, by written notice to the Consultant, suspend in whole and in part
payments to its under this Agreement:
8.05.1 A default, failure or refusal on the part of the Consultant to perform the
Services in such a manner which will be consistent with the result herein
contracted for or its non-compliance with tprovisions of this Agreement
after giving thirty (30) days from receipt of written notice for the
consultant to rectify the deficiencies.
8.07.2 Upon termination of this Agreement, unless the same shall have been
occasioned by Consultants default, Consultant shall be entitled to receive
reimbursement costs in full for such termination and of reasonable costs
incident to the orderly liquidation of its Services.
8.08 Force Majeure
8.08.2 Neither party shall be liable to the other party for loss or damages
sustained by reason of force majeure or delays arising from such event.
8.08.3 The term force majeure as employed herein shall mean strikes, lockouts
or other industrial disturbances, acts of the public enemy, wars, blockades,
insurrections, riots, epidemics, landslides, earthquakes, storms, lightning,
floods, washouts, civil disturbances, explosions, and any other similar
events, not within the control of either party which with the exercise of
due diligence neither part is able to overcome.
ARTICLE IX
EXECUTION
9.01 Effectivity
This Agreement shall be subject to the approval of the (applicable boards, if any)
and shall become binding on both parties upon approval by the Philippine
Government authorities concerned and the concurrence of concerned foreign
financial institution as may be required in the case of foreign-assisted projects.
The (agency concerned) shall then issue a Notice to Proceed to Consultant and the
Consultant shall be paid for Services rendered effective from the date of its actual
service.
The Consultant will commence the Services within ____ days (Note: not later
than thirty (30) days) after the issuance of a Notice to Proceed by the (agency
concerned).
9.04 Amendments
9.05 Counterparts
This Agreement is executed and delivered in two (2) copies, one (1) for the
(agency concerned) and one (1) for the Consultant, each of which shall be deemed
an original.
IN WITNESS WHEREOF, the parties have hereunto set their hands on the date
and place first above-written.
ARTICLE IV
CONSULTING SERVICES FEE
1. The OWNER agrees to pay the Consultant for his Professional Services in the
amount of _____________ PESOS as a total lump sum fee.
PREQUALIFICATION EVALUATION
AND AWARD C OMMITTEE
APPENDIX G
DOCUMENTARY REQUIREMENTS
The processing time calls for a period of three (3) to five (5) days.
a) Have your ever been accused of, indicted, tried or convicted by any court of
justice, military tribunal or administrative body? /_/ If so, attach a copy of the
decision or complaint if still pending.
b) Are you suffering from any serious illness or any infectious desease, or have you
undergone surgery which may impair or otherwise affect your practice of the
profession? /_/ If so, what illness or disease? _______________________
c) Have you ever been treate of mental illness, or confined in any mental hospital,
clinic or institution? /_/ If so, state when you were treated or confined, and in what
hospital or clinic or institution. _________________________
Part II - PROFESSIONAL COURSES TAKEN
TITLE OR DEGREE COLLEGE OR DATE HONORS,
RECEIVED UNIVERSITY DEGREE DISTINCTIONS OR
GRADUATED CONFERRED AWARDS RECEIVED
CERTIFICATION
That I have been elected by the subscribers of the corporation as Treasurer thereof, to act
as such until my successor has been duly elected and qualified in accordance with the by-laws of
the corporation, and that as such Treasurer, I thereby certify under oath that at least 25% of the
authorized capital stock of the corporation has been subscribed and at least 25% of the total
subscription has been paid and received by me in cash or property in the amount of not less that
P5,000.00, in accordance with the Corporation Code.
_______________________________
Treasurer
SUBCRIBED AND SWORN to before me, a Notary Public for and in the
City/Municipality of _____________________________, Province of _____________, this
_____day of ______________________, 19 ______ by ___________with Res. Cert. No.
___________ issued at _________ on __________ 19 ________.
________________________________
Notary Public
Until December 31, 19___
_______________________________________
as of ______________________ 19 _________
at _____________________________________
with office at ____________________________
_______________________________________
ASSETS
Accounts payable
P _____________
_____________
Total Liabities P _____________
_________________ shares
(Number) (Class)
_________________
Treasurer: ________
SUBCRIBED AND SWORN to before me this ______day of _______, 19 ___ affiant exhibited to
me his/her Res. Cert. No. ________ issued at _______on ___________19____.
NOTARY PUBLIC
Until December 31, 19___
Certificate of Deposit
BANK LETTERHEAD
___________________
(Date)
Greetings:
This is to certify that there is a deposit with this bank the sum of
___________________ (P _____________) in the name of ______________, Treasurer
in ______________________Trust for _______________________which is in the
process of incorporation.
The said deposit is clear and free from lien, restriction, condition or holdout and
maybe withdrawn in behalf of said company upon presentation of proof of due
incorporation thereof.
___________________________________________
NAME OF BANK OFFICER & DESIGNATION
NOTARY PUBLIC
Until December 31, ____
Doc. No. ________
Page No. ________
Book No.________
Series of ________
________________________
Date
Gentlemen:
This is to authorize your office to examine and verify the deposit in the
_______________ (NAME OF BANK) _____________ in my name as Treasurer-in-
Trust for ___________________________ which is to the process of incorporation.
This authority is valid and inspection of said deposit may be made even after the
issuance of the Certificate of incorporation to the company.
By:
________________________
Treasurer
Written Undertaking to Change Corporate Name
_________________
Date
The Chairman
Securities and Exchange Commission
EDSA, Mandaluyong
Metro Manila
________________________
(Name)
________________________
(Address)
SUPPORTING PAPERS REQUIRED TO BE SUBMITTED
WITH THE ARTICLES OF INCORPORATION OF A
NON-STOCK CORPORATION
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