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Terms of Reference Template

Version 1.0 October 2010

Terms of Reference Template

ICT Resource Acquisition


National Computer Center
2012

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Terms of Reference Template
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INTRODUCTION

This Terms of Reference (TOR) Template developed by the National Computer


Center (NCC) is geared toward the determination and specification of Information and
Communications Techolnology (ICT) resource requirements for procurement of the
procuring entity to serve as the basis for the preparation and formulation of the
bidding documents.

This TOR Template provides the guidelines for procuring any or all of the following ICT
resource requirements of the procuring entity for the implementation of its
Information Systems Strategic Plan (ISSP) as indicated in its Annual Procurment
Plan , namely:

 Goods

Supply, delivery, installation, testing and acceptance of ICT and ICT-related goods
(e.g. equipment, devices, special solutions and the like), and

 Infrastructure

Design, physical set up and commissioning of ICT and ICT-related infrastructure


(e.g. data center/site preparation, structured cabling, generator set system,
network infrastructure and the like).

 Consulting Services

Provision of professional ICT and ICT-related consulting services (e.g.


information/application system development, database start up, system
integration, and the like);

ICT-related procurement may involve procurement of a combination or a mix of ICT and


ICT-related goods, infrastructure and/or consulting services. The scope or nature of the
envisioned procurement whether procurement of goods, infrastructure or consulting
services is determined based on the primary purpose of the procurement.

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The following terms are presented as defined in the Revised Implementing Rules and
Regulations of the Republic Act 9184 (RA 9184), otherwise known as Government
Procurement Reform Act (GPRA):

Procurement

Refers to the acquisition of Goods, Consulting Services, and the contracting for
Infrastructure Projects by the Procuring Entity. In case of projects involving mixed
procurements, the nature of the procurement, i.e., goods, infrastructure projects, or
consulting services, shall be determined based on the primary purpose of the
contract. Procurement shall also include the lease of goods and real estate. With
respect to real property, its procurement shall be governed by the provisions of
Republic Act 8974 and other applicable laws, rules and regulations.

Procring Entity

Refers to any branch, constitutional commission or office, agency, department,


bureau, office, or instrumentality of the GOP (NGA), including GOCC, GFI, SUC and
LGU procuring Goods, Consulting Services and Infrastructure Projects.

Consulting Services

Refer to services for Infrastructure Projects and other types of projects or activities
of the GOP (NGA), requiring adequate external technical and professional expertise
that are beyond the capability and/or capacity of the GOP (NGA), to undertake such
as, but not limited to:

(i) advisory and review services;


(ii) pre-investment or feasibility studies;
(iii) design;
(iv) construction supervision;
(v) management and related services; and
(vi) other technical services or special studies.

General principles on consulting services are provided for in Annex “B” of the
Revised IRR.

Goods

Refer to all items, supplies, materials and general support services, except consulting
services and infrastructure projects, which may be needed in the transaction of
public businesses or in the pursuit of any government undertaking, project or
activity, whether in the nature of equipment, furniture, stationery, materials for
construction, or personal property of any kind, including non-personal or
contractual services such as the repair and maintenance of equipment and furniture,
as well as trucking, hauling, janitorial, security, and related or analogous services, as
well as procurement of materials and supplies provided by the procuring entity for

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such services. The term “related” or “analogous services” shall include, but not be
limited to, lease or purchase of office space, media advertisements, health
maintenance services, and other services essential to the operation of the procuring
entity.

Infrastructure Projects

Include the construction, improvement, rehabilitation, demolition, repair,


restoration or maintenance of roads and bridges, railways, airports, seaports,
communication facilities, civil works components of information technology
projects, irrigation, flood control and drainage, water supply, sanitation, sewerage
and solid waste management systems, shore protection, energy/power and
electrification facilities, national buildings, school buildings, hospital buildings, and
other related construction projects of the government. For purposes of, and
throughout this IRR-A, the term “infrastructure projects” shall have the same
meaning as and shall be used interchangeably with “civil works” or “works.”

Bidding Documents

Refer to the documents issued by the procuring entity as the bases for bids,
furnishing all information necessary for a prospective bidder to prepare a bid for the
infrastructure projects, goods and/or consulting services required by the procuring
entity

Pursuant to the Phillippine Bidding Document for Consulting Services, the Terms of
Reference normally contain the following sections to be provided by the Procuring
Entity:

(a) Background;

(b) Objectives;

(c) Scope of the Services;

(d) Training (when appropriate);

(e) Reports and Time Schedule; and

(f) Data, Local Services, Personnel, and Facilities

This TOR Template also provide relevant information about the project involving
procurement of ICT and ICT-related resource requirements. These are:

 Project background, project description, project objectives, implementation


schedule and other project details;

 Schedule of the conduct of the bidding;

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 Bid evaluation criteria and methodology, and,

 Other guidelines in the ICT resources procurement process.

In this Terms of Reference Template, the data/information for the terms/specifications


written in italics should be supplied by the procuring entity.

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TABLE OF CONTENTS

APPROVAL PAGE

A. BACKGROUND

A.1 About the Procuring Entity


A.2 Project Overview/Objectives
A.3 Project Scope
A.4 Envisioned Computing Scenario/Concept of Operation/Architectural
Framework
A.5 Implementation Strategy/Devleopment Schedule

B. PROJECT ESTIMATES

B.1 Approved Budget Cost


B.2 Source of Funds

C. GENERAL SCOPE OF WORK/BID REQUIREMENT

C.1 ICT and ICT-Related Consulting Services


C.2 ICT and ICT-Realated Goods/Architectural Framework
C.3 ICT and ICT-Related Infrastructuure

D. DETAILED TECHNICAL SPECIFICATIONS

D.1 ICT and ICT-Related Consulting Services


D.2 ICT and ICT-Realated Goods/Architectural Framework
D.3 ICT and ICT-Related Infrastructuure

E. PROJECT MANAGEMENT CONTROL PLAN/GUIDELINES

E.1 Project Management Methodology


E.2 Counterpart Resources
E.3 Site Preparation
E.4 Installation and Delivery

F. PAYMENT SCHEDULE/MILESTONES

G. OTHER CONSIDERATIONS

G.1 Eligibility of Bidders for the Procurement of Goods and Infrstructure


Projects

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G.1.1 Eligibility Requirements


G.1.2 Eligibility Criteria

G.2 Eligibility of Bidders for the Procurement of Consulting Services

G.2.1 Eligibility Requirements


G.2.2 Eligibility Criteria
G.2.3 Short Listing of Prospective Users

G.3 Preliminary Examination

G.4 Bid Evaluation

G.4.1 For Procurement of Goods and Infrastructure Projects


G.4.2 For Procurement of Consulting Service

G.5 Post Qualification

DEFINITION OF TERMS

DOCUMENT REFERENCES

STANDARD FORMS

APPENDICES

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PREPARED BY:

Name Position Title Date Submitted

REVIEWED AND APPROVED BY:

Name Position Title Date Approved

DOCUMENT HISTORY

Primary
Version Description/Changes Issue Date
Author (s)

DISTRIBUTION LIST

Date Released Recipient Remarks

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APPROVAL PAGE

<ICT Resource Procurement>

<Project Title>

Terms of Reference

Version <9.99>

<Procuring Entity Name>

<Signature over printed name>


Prepared by/Date

<Signature over printed name>


<Designation>
Reviewed by/Date

<Signature over printed name>


<Designation>
Approved by/Date

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A. BACKGROUND

A.1 ABOUT THE PROCURING ENTITY

State briefly the mission of the procuring entity.

A.2 PROJECT OVERVIEW/OBJECTIVES

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In reference to the procuring entity’s approved Information Systems Strategic Plan (ISSP)
and the Annual Procurement Plan (APP), this portion shall describe the background and
circumstances that led to the project initiation. This enables anyone to get a quick
preview of why the project has been undertaken. Usual questions that must be
answered are –

o Why is the project taking place?

o What are the business drivers (e.g. improvement of public service)?

o What are the benefits of the agency and the public?

A.3 PROJECT SCOPE

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Describe the project scope. The project scope is the definition of what the project is
supposed to accomplish and the budget of both time and money that has been created
to achieve these objectives. It may consists of two main components.

o Deliverables - Llist your deliverables. Defining your deliverables goes a long


way toward defining the overall scope of the project.

o Boundaries - Define the boundaries of the project. Boundary statements help


to separate the things that are applicable to the project from those areas that
are out of scope.

Usually, scope changes occur in the form of "scope creep". Scope creep is the piling up
of small changes that by themselves are manageable, but in aggregate are significant.
Hence, it is important to specifly the tasks to be performed or results to be delivered.
Project scope may include, but is not limited to some of the following considerations:
o a specific geographic location; a particular group as the target beneficiary;

o a particular approach (participatory, consensus, customer/client/citizen


focus);

o a particular concern (occupational, gender, environmental, etc.); timing,


duration and

o level of effort.

A.4 ENVISIONED COMPUTING SCENARIO/CONCPET OF OPERATION/


ARCHITECTURAL FRAMEWORK

Describe the computing environment, architecture and strategy envisioned by the


procuring entity.

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Illustrated on page <page number> is the concept of


operation/architectural framework for the<(Information
System/Application System?.

Provide a graphical illustration of the concept of operation/architectural framework


of the information system/application system.

A.5 IMPLEMENTATION STRATEGY/DEVELOPMENT SCHEDULE

The project would be undertaken for a period of <duration / number of


months>.

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Tabulate the project development schedule. This shall describe how the project shall
be completed at a high level. The main function of the Project Development Schedule
is to establish the strategy and the order by which a project specifies, implements, tests,
and performs its activities.

The appropriate Project Development Schedule can streamline the project and help
ensure that each step moves closer toward attainment of project goals.

Examples of strategies include:

o base-leveling,

o phased or staged delivery,

o prototyping,

o single-system, and

o multi-system software solutions.

State briefly the strategy on how the project shall be undertaken, whether by phase or
one time. State also the project duration and life span.

Shown on page <page number> is a Gantt Chart of the project


development schedule.

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Present the project Gantt Chart.

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B. PROJECT ESTIMATES

B.1 APPROVED BUDGET COST

The <procuring entity name>, intends to apply the sum of <approved


budget cost in words> PESOS (PhP _____________) being the Approved
Budget for the Contract (ABC) to payments under the contract for the
completion of the <project name>. Bids received in excess of the ABC
shall be automatically disqualified at opening of the financial proposals.

List and indicate the cost estimate/ceiling per project component (if necessary).

B.2 SOURCE OF FUNDS

The ABC authorized for the <project name>. shall be sourced from the
<funding source name> pursuant to <governing law/issuance/policy>.

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List and indicate the source of funds for the project component (if necessary).

C. GENERAL SCOPE OF WORK/BID REQUIREMENT

The <procuring entity name> shall select an <individual, sole proprietorship,


partnership, corporation, or a joint venture> for the procurement of the
following ICT resources:

C.1 ICT and ICT-RELATED CONSULTING SERVICES

 Provision of any or all of the following professional ICT and ICT-


related consulting services

Information System/Application System Development

List the names of the information systems/application systems to be


developed/enhanced.

Database Start-up and Development

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List the names of the databases to be built-up/converted/migrated.

Other Consulting and Support Services

List the ICT and ICT-related consulting services and support services to be provided:

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C.2 ICT and ICT-RELATED GOODS/ARCHITECTURAL FRAMENWORK

 Supply, delivery, installation, testing and acceptance of any of the


following ICT and ICT-related goods

Hardware (HW) Products/Solutions

List the major HW classifications to be supplied, delivered, installed, tested, and


accepted:

Software (SW) Products/Solutions

List the major SW classifications to be supplied, delivered, installed, tested, and


accepted:

Networking (NW) Products/Solutions

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List the major NW classifications to be supplied, delivered, installed, tested and


accepted:

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C.3 ICT and ICT-RELATED INFRASTRUCTURE

 Design, physical set up and commissioning of ICT and ICT-related


infrastructure (e.g. data center/site preparation, structured cabling,
generator set system, network infrastructure and the like).

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List the physical set up and commissioning of any of the ICT and ICT-related
infrastructure

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D. DETAILED TECHNICAL SPECIFICATIONS

The <ICT and ICT-related Consulting Services, Goods and/or Infrastructure>


requirements are expressed in indicative and functional terms to guide in
formulating a cost-effective and appropriate ICT solution for the establishment of
the <Project name>. Requirements not mentioned below which are specific or
peculiar to the project contractor’s technology solution must only be proposed to
improve overall system performance, interoperability, integration and
information exchange.

D.1 ICT and ICT-RELATED CONSULTING SERVICES

INFORMATION SYSTEM/APPLICATION SYSTEM DEVELOPMENT

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List and describe the information systems/application systems to be developed.


Describe the functional components or major processes of the system to be developed
in terms of:

o Platform
o Features
o Functionalities
o Design Considerations
o Development/Management Methodologies
o Development/Staging Facilities
o Warranty
o Maintenance

Define also the non-functional requirements that act to constrain the solution. Use the
PIECES framework to identify these non-functional requirements:

1. Performance – throughput, response time


2. Information – output, input, stored data
3. Economics – Costs, Profits
4. Control – too little control or security, too much control or security
5. Efficiency – waste of time, waste of materials and supplies
6. Service – accuracy of results, ease of use, flexible to changes, compatibility with
other systems

(If any) describe the compatibility requirement to existing/operational, ongoing


development or to be developed application systems to achieve interoperability in
terms of processes and data requirements.

DATABASE START-UP AND DEVELOPMENT

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List and describe the related database/s to be built up/ converted/migrated to support
the operationalization of the information system application system in terms of the
following:

o data/contents and type of data,


o volume of data, and growth rate.

Describe in detail the databases to be built up/ converted/migrated in terms of:

o Platform
o Features
o Functionalities/Design Considerations
o Development/Management Methodologies
o Development/Staging Facilities

(If any) describe the compatibility requirement to existing/operational, ongoing


development or to be developed database(s) to achieve interoperability in terms of
data requirements.

OTHER CONSULTING AND SUPPORT SERVICES

The project contractor must provide other consulting and support


services necessary to ensure exchange of information and sharing of
resources. Hardware, software, network, databases and information
systems/application systems must be fully integrated.

List and describe the other consulting and support services to be provided. Describe
the scope of the services (e.g. training, system integration, project management,
change management, etc.) required to support the operation of of the information
systems/application systems to be developed/enhanced.

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Training/Technology Transfer

The project contractor must provide the necessary comprehensive


training/technologuy transfer program which shall cover the
following:

List and describe in detail the trainings to be conducted in terms of - Course Title and
Description, Learning Objectives, Class Size and Composition, Course Duration and
Venue, Training Sequence. The type of training shall depend on the function of the
participant:

Technology Transfer is the process of transferring skills, knowledge, technologies,


methods, and facilities to ensure that scientific and technological developments are
accessible to a wider range of users who can then further develop and exploit the
technology into new products, processes, applications, materials or services.

Warranty

Describe the hardware and software warranty requirement. Warranty must follow the
industry standard on warranty for parts and labor.

Maintenance and Support Plan

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Describe the maintenance and support plan requirement, to9 include among others,
the following information:

o Staffing plan and Number of Support Staff


o Location and Operational Processes
o Minimum Service Levels, such as:

Risk Management Plan

Describe the risk management plan requirement. Risk is defined as the probability of
an unforeseen incident and its consequent penalty. Exposure to risk could lead to
disaster or loss in the form of diminished quality of the product, increased costs, delays
or failures and etc. To prevent the occurrence of loss, the project contractor must
provide a risk management plan detailing the strategies and appropriate measures to
be undertaken.

Disaster Recovery Plan

Describe the Disaster Recovery Plan requirement. As disaster strikes when least
expected, precautions must be undertaken so that the effects of a disaster shall be
minimized or almost negligible or occur unnoticed. The Disaster Recovery Plan must
be detailed enough for all possible disasters, such as, but not limited to power outage,
computer failure/malfunctiomn, natural calamities or human error. It must contain
the comprehensive procedures necessary to resume business to its normal operation in
the least possible time.

Change Management Plan

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Describe the Change Management Plan requirement. The change management plan
must deal with specific actions required to reduce and/or eliminate resistance from
the users in sharing of their resources and participation in the
development/enhancement of the information systems/ application systems, among
others.

Documentation

Describe the Documentation requirement. Complete documentation must be provided


for every deliverable and at every end of each development stage and milestone.

D.2 ICT AND ICT-RELATED GOODS/ARCHITECTURAL FRAMEWORK

Indicative and functional specifications are provided below to serve as


guide for the project contractors. The Project contractor may redefine the

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minimum specifications which shall be based on the volume and type of


transactions as well as data transmission and sharing requirements.

List the hardware, software and network resources to be provided and describe its
relevant characteristics and/or performance requirements. Describe the hardware,
software, and network products/solutions to be required in terms of.

o Functional requirement
o Features
o Number of units
o Expandability

Hardware

Define clearly the Indicative and functional specifications of all the server (if any)
requirement

Functional Requirement Features/Characteristics No. of Units/


Expanadability
Branded/Brand New

Processor board

Main memory

Operating Systems

Internal storage devices

Expansion slots

Core I/O & management


processor interconnect
Physical dimensions
(Rack form factor)

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Physical dimensions
(Standalone frame)
Net weight

Power requirements

Power supply

Warranty

Define clearly the Indicative and functional specifications of all the workstation (if
any) requirement

Functional Requirement Feature No. of Units/


Expanadability
Branded/Brand New

Processor

Functional Requirement Feature No. of Units/


Expanadability
Chipset

Form factor

Memory, maximum

Memory slots

Internal drive bays

External drive bays

Internal drive

Storage controller

Graphics

Optical drive

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Ports

Slots

Network interface

Audio

Power supply

Weight

Dimensions (W x D x H)

Warranty

Define clearly the Indicative and functional specifications of all the impact printers
(if any) requirement
Functional Requirement Feature No. of Units/
Expanadability
Branded/Brand New
Impact Printer
Print Speed (cps @10 cpi)

Functional Requirement Feature No. of Units/


Expanadability
Printing Method

Input Buffer

Print Head Life

Sound Level

Standard Interface

Printer Language

Define clearly the Indicative and functional specifications of all the non-impact
printers (if any) requirement
Functional Requirement Feature No. of Units/
Expanadability

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Branded/Brand New
Non-impact printers
Resolution

Laser Print Engine

Input Buffer

Printer Fonts

Print Speed (cps @10 cpi)

Define clearly the Indicative and functional specifications of all the uninteruptive
power supply (if any) requirement
Functional Requirement Feature No. of Units/
Expanadability
Branded/Brand New

Voltage Capacity

Input Volatge
Output Volatge
Battery Redundancy

Maintainability

Define clearly the Indicative and functional specifications of all the firewall
appliance (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability
Branded/Brand New

Nodes Supported

Throughput

Gateway Anti0virus
Throughput

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Connections

DoS Protection

Software

Define clearly the Indicative and functional specifications of all the software (if any)
requirement

Functional Requirement Feature No, of Units/


Expanadability
Operating System (OS)

Network Operating
System (NOS)
Office Automation
Software
Browser/Navigation
Utility
System Development Tools
Database Management
System
Others

Network

Define clearly the Indicative and functional specifications of all the networking (if
any) requirement. It is of paramount importance that the hardware and software to
be proposed be able to provide a coherent, compatible and interoperable processing
environment and enable the effective networking of the system's computing facilities.

Functional Requirement Feature No, of Units/


Expanadability

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Netwrok Security

Define clearly the Indicative and functional specifications of all the network security
(if any) requirement. The security required must be capable of real time detection
and prevention of attackers from exploiting operating system and application
vulnerabilities. In addition, the security devices and software must also filter and
monitor traffic and with antispam capabilities.

Functional Requirement Feature No, of Units/


Expanadability

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D.3 ICT AND ICT-RELATED INFRASTRUCTURE

ICT/Data Center Infrastructure

Define clearly the Indicative and functional specifications of all the Civil Works (if
any) requirement

Functional Requirement Feature No, of Units/


Expanadability

Define clearly the Indicative and functional specifications of all the Mechanical
Works (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability

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Define clearly the Indicative and functional specifications of all the Air Conditioning
System (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability

Define clearly the Indicative and functional specifications of all the LAN cabling (if
any) requirement

Functional Requirement Feature No, of Units/


Expanadability

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Define clearly the Indicative and functional specifications of all the A/C Mechanical
Works (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability

Define clearly the indicative and functional specifications of all the Close Circuit
Television (CCTV) and Security Access System Works (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability

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Define clearly the Indicative and functional specifications of all the Raised Flooring
Works (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability

Define clearly the Indicative and functional specifications of all the Emergency
Generator with Automatic Transfer Switch (ATS) (if any) requirement

Functional Requirement Feature No, of Units/


Expanadability

Structured Cabling

Define clearly the Indicative and functional specifications of all the Structured
Cabling (if any) requirement:

Functional Requirement Feature No, of Units/


Expanadability

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Internet Connectivity

Define clearly the Indicative and functional specifications of all the Iinternet
Conectivity (if any) requirement:

Functional Requirement Feature No, of Units/


Expanadability

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E. PROJECT MANAGEMENT CONTROL PLAN/GUIDELINES

E.1 PROJECT MANAGEMENT METHODOLOGY

Project direction shall be done by the (procuring entity project


organization). All technical designs, specifications, or recommendations
shall be subject to review and approval by the (procuring entity project
organization). Should there be any disagreement, the (procuring entity
project organization) shall have the final say on the matter.

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This shall describe how to document the process and timing of project reviews and
approvals, This shall include, but not limited to, the following:

o Periodicreviw of project deliverables, progress and status


o Periodic review of the activities for managing the allocated requirements
o Periodic review of the activities for project planning
o Periodic review of the activities for project tracking and oversight
o Periodic review of the Quality Assurance activities
o Periodic review of the activities and work products of the project’s Quality
Assurance group by experts

This shall also describe the monitoring and control process, frequency of status
reporting and other tracking activities.

Moreover, this shall specify the coordination and communication with subcontractors
and other groups who may be involved, their relationships to one another, and the
authority and responsibility of each organization for carrying out required activities.
This shall indicate the meetings and reporting schedules set for the Project.

In addition, this shall describe the organizational structure to be used on the project.
It shall describe the roles, responsibility and allocated effort for each team member.

This shall describe the acceptance criteria and procedure for every deliverable from
requirements definition to maintenance. This shall be the basis for determining the
amount or percentage of total project cost for the progressive payments to be paid.

The following deliverables must be defined:

o Project Charter
o Project Organization (Project Management Office, if needed)
o Project Implementation Plan (Activities, Schedules, Milestones, Responsibility)

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E.2 AGENCY COUNTERPART RESOURCES

List and describe the scope of usage of the resources that are made available which can
be provided by the procuring entity to the project contractors, to include but not limited
to the following:

o Data,
o Local Services,
o Personnel, and
o Facilities

E.3 SITE PREPARATION

Describe the siye preparation requirements in terms of:

o Site preparation
o Development area/location
o Development environment (server, workstations, etc.)

E.4 INSTALLATION AND DELIVERY

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Describe the installation and delivery requirements.

F. PAYMENT SCHEDULE/MILESTONES

The project shall be paid on the schedule indicated below (if necessary) which
shall not exceed the ceiling specified:

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Paymnet schedule considerations may include:

o An advance payment

o Repayment of the advance payment

o A progressive payments based on a milestone upon acceptance of a


deliverable/s.

o The final payment shall be made only after the final report and a final
statement, identified as such, shall have been submitted and approved as
satisfactory by the Procuring Entity.

o The following are relevant guidelines on payment:

a. Advance Payment for Goods – Section 4 of the Contract Implementation


Guidelines for the Procurement of Goods, Supplies, and Materials

b. Advance Payment and Progressive Payment for Infrastuture Projects –


Section 4 and Section 5 respectively of the Conract Implementation
Giuidelines for the Procurement of Infrastructure Projects

c. Advance Payment for Mobilization for Consulting Services – Section 4 of


the Contract Implementation Guidelines for the Procurement of
Consulting Services

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G. OTHER CONSIDERATIONS

(Note: Contents of this section is derived from the Revised Implementing Rules
and Regulations of the Governmnet Procurement Reform Act or RA 9184.)

G.1 ELIGIBILITY OF BIDDERS FOR THE PROCUREMENT OF GOODS AND


INFRSTRUCTURE PROJECTS

G.1.1 Eligibility Requirements

For purposes of determining the eligibility of bidders using the


criteria stated in Section 23.5 of this IRR, only the following
documents shall be required by the BAC, using the forms
prescribed in the Bidding Documents:

a) Class “A” Documents

Legal Documents

i) Registration certificate from SEC, Department of Trade


and Industry (DTI) for sole proprietorship, or CDA for
cooperatives, or any proof of such registration as stated in
the Bidding Documents.

ii) Mayor’s permit issued by the city or municipality where


the principal place of business of the prospective bidder is
located.

Technical Documents

iii) 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 as provided in
the Bidding Documents. The statement shall include all
information required in the PBDs prescribed by the GPPB.

iv) In the case of procurement of infrastructure projects, a


valid Philippine Contractors Accreditation Board (PCAB)
license and registration for the type and cost of the contract
to be bid.

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Financial Documents

v) The prospective bidder’s audited financial statements,


showing, among others, the prospective bidder’s total and
current assets and liabilities, stamped “received” by the BIR
or its duly accredited and authorized institutions, for the
preceding calendar year which should not be earlier than
two (2) years from the date of bid submission.

vi) The prospective bidder’s computation for its Net


Financial Contracting Capacity (NFCC) or a commitment
from a Universal or Commercial Bank to extend a credit line
in favor of the prospective bidder if awarded the contract to
be bid (CLC).

b) Class “B” Document

Valid joint venture agreement (JVA), in case the joint


venture is already in existence. In the absence of a JVA, duly
notarized statements from all the potential joint venture
partners stating that they will enter into and abide by the
provisions of the JVA in the instance that the bid is
successful shall be included in the bid. Failure to enter into a
joint venture in the event of a contract award shall be
ground for the forfeiture of the bid security. Each partner of
the joint venture shall submit the legal eligibility
documents. The submission of technical and financial
eligibility documents by any of the joint venture partners
constitutes compliance.

G.1.2 Eligibility Criteria

For the procurement of goods:

The following shall be eligible to participate in the bidding for the


supply of goods:

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;

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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, and of which at least sixty percent (60%)
belongs to citizens of the Philippines; or

e) Persons/entities forming themselves into a joint venture,


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 of the joint venture concerned 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 joint venture as specified in
their JVA

For the procurement of infrastructure projects:

The following persons/entities shall be allowed to participate in


the bidding for infrastructure projects:

a) Duly licensed Filipino citizens/sole proprietorships;

b) Partnerships duly organized under the laws of the


Philippines and of which at least seventy-five percent (75%)
of the interest belongs to citizens of the Philippines;

c) Corporations duly organized under the laws of the


Philippines, and of which at least seventy-five percent
(75%) of the outstanding capital stock belongs to citizens of
the Philippines;

d) Cooperatives duly organized under the laws of the


Philippines, and of which at least seventy-five percent
(75%) belongs to citizens of the Philippines; or

e) Persons/entities forming themselves into a joint venture,


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, in accordance
with Letter of Instructions No. 630 (LOI 630), Filipino

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ownership or interest of the joint venture concerned shall


be at least seventy-five percent (75%): Provided, further,
That joint ventures in which Filipino ownership or interest
is less than seventy-five percent (75%) may be eligible
where the structures to be built require the application of
techniques and/or technologies which are not adequately
possessed by a person/entity meeting the seventy-five
percent (75%) Filipino ownership requirement: Provided,
finally, That in the latter case, Filipino ownership or interest
shall not be less than twenty-five percent (25%). For this
purpose, Filipino ownership or interest shall be based on
the contributions of each of the members of the joint
venture as specified in their JVA.

G.2 ELIGIBILITY OF BIDDERS FOR THE PROCUREMENT OF CONSULTING


SERVICES

G.2.1 Eligibility Requirements

For purposes of determining the eligibility and short list of bidders


in accordance with Sections 24.4 and 24.5 of this IRR, only the
following documents shall be required by the BAC, using the forms
prescribed in the Bidding Documents:

a) Class “A” Documents

Legal Documents

i) Registration certificate from SEC, Department of Trade


and Industry (DTI) for sole proprietorship, or CDA for
cooperatives, or any proof of such registration as stated in
the Bidding Documents;

ii) Mayor’s permit issued by the city or municipality where


the principal place of business of the prospective bidder is
located;

Technical Documents

iii) 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 as provided in

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the Bidding Documents. The statement shall include all


information required in the PBDs prescribed by the GPPB.

iv) 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, including their respective curriculum vitae.

Financial Document

v) The consultant’s audited financial statements, showing,


among others, the consultant’s total and current assets and
liabilities, stamped “received” by the BIR or its duly
accredited and authorized institutions, for the preceding
calendar year which should not be earlier than two (2)
years from the date of bid submission.

b) Class “B” Document

Valid joint venture agreement (JVA), in case a joint venture is


already in existence. In the absence of a JVA, duly notarized
statements from all the potential joint venture partners stating that
they will enter into and abide by the provisions of the JVA in the
instance that the bid is successful, shall be included in the bid.
Failure to enter into a joint venture in the event of a contract award
shall be ground for the forfeiture of the bid security. Each partner
of the joint venture shall submit the legal eligibility documents.
The submission of technical and financial documents by any of the
joint venture partners constitutes compliance.

G.2.2 Eligibility Criteria

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;

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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,


and of which at least sixty percent (60%) belongs to citizens of the
Philippines; or

e) Persons/entities forming themselves into a joint venture, 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 joint venture as specified in their JVA.(

G.2.3 Short Listing of Prospective Users

The BAC shall specify in the Request for Expression of Interest the
set of criteria and rating system for short listing of consultants to
be used for the particular contract to be bid, which shall consider
the following, among others:

a) Applicable experience of the consultant and members in case of


joint ventures, considering both the overall experiences of the firm
or, in the case of new firms, the individual experiences of the
principal and key staff, including the times when employed by
other consultants;

b) Qualification of personnel who may be assigned to the job vis-aà -


vis extent and complexity of the undertaking; and

c) Current workload relative to capacity

G.3 PRELIMINARY EXAMINATION

The BAC shall open the first bid envelopes of prospective bidders in public to
determine each bidder’s compliance with the documents required to be
submitted for eligibility and for the technical requirements, as prescribed in
this IRR. For this purpose, the BAC shall check the submitted documents of
each bidder against a checklist of required documents to ascertain if they are
all present, using a non-discretionary “pass/fail” criterion, as stated in the
Instructions to Bidders. If a bidder submits the required document, it shall be
rated “passed” for that particular requirement. In this regard, bids that fail to
include any requirement or are incomplete or patently insufficient shall be

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considered as “failed”. Otherwise, the BAC shall rate the said first bid
envelope as “passed”.(a)

Immediately after determining compliance with the requirements in the first


envelope, the BAC shall forthwith open the second bid envelope of each
remaining eligible bidder whose first bid envelope was rated “passed.” The
second envelope of each complying bidder shall be opened within the same
day, except as provided under Section 33 of this IRR. In case one or more of
the requirements in the second envelope of a particular bid is missing,
incomplete or patently insufficient, and/or if the submitted total bid price
exceeds the ABC, the BAC shall rate the bid concerned as “failed”. Only bids
that are determined to contain all the bid requirements for both components
shall be rated “passed” and shall immediately be considered for evaluation
and comparison.

For the procurement of goods where, due to the nature of the requirements
of the project, the required technical specifications/requirements of the
contract cannot be precisely defined in advance of bidding, or where the
problem of technically unequal bids is likely to occur, a two (2)-stage bidding
procedure may be employed. In these cases, the procuring entity concerned
shall prepare the Bidding Documents, including the technical specification in
the form of performance criteria only. Under this procedure, prospective
bidders shall be requested at the first stage to submit their respective
eligibility requirements if needed, and initial technical proposals only (no
price tenders). The concerned BAC shall then evaluate the technical merits of
the proposals received from eligible bidders vis-à-vis the required
performance standards. A meeting/discussion shall then be held by the BAC
with those eligible bidders whose technical tenders meet the minimum
required standards stipulated in the Bidding Documents for purposes of
drawing up the final revised technical specifications/requirements of the
contract. Once the final revised technical specifications are completed and
duly approved by the concerned BAC, copies of the same shall be issued to
all the bidders identified in the first stage who shall then be required to
submit their revised technical tenders, including their price proposals in two
(2) separate sealed envelopes in accordance with this IRR, at a specified
deadline, after which time no more bids shall be received. The concerned
BAC shall then proceed in accordance with the procedure prescribed in this
IRR.

G.4 BID EVALUATION

G.4.1 For Procurement of Goods and Infrastructure Projects

The BAC shall immediately conduct a detailed evaluation of all bids


using non-discretionary criteria in considering the following:

a) Completeness of the bid. Unless the Instructions to Bidders


specifically allow partial bids, bids not addressing or providing all of
the required items in the Bidding Documents including, where
applicable, bill of quantities, shall be considered non-responsive and,

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thus, automatically disqualified. In this regard, where a required item


is provided, but no price is indicated, the same shall be considered as
non-responsive, but specifying a “0” (zero) for the said item would
mean that it is being offered for free to the Government; and

b) Arithmetical corrections. Consider computational errors and


omissions to enable proper comparison of all eligible bids. It may also
consider bid modifications if expressly allowed in the Bidding
Documents.21 Any adjustment shall be calculated in monetary terms to
determine the calculated prices.

G.4.2 For Procurement of Consulting Service

The BAC shall conduct a detailed evaluation of bids using either of the
following evaluation procedures as specified in the Bidding
Documents:

a) Quality-Based Evaluation Procedure

A two-stage procedure shall be adopted whereby each


consultant shall be required to submit his technical and
financial proposals simultaneously in separate sealed
envelopes.

b) Quality-Cost Based Evaluation Procedure

The technical proposal together with the financial proposal


shall be considered in the evaluation of consultants. The
technical proposals shall be evaluated first using the criteria in
Section 33.2.2 of this IRR. The financial proposals of the
consultants who meet the minimum technical score shall then
be opened.

The technical proposals of consultants shall be evaluated


based on the following criteria and using the corresponding
numerical weights indicated in the Bidding Documents:

a) Quality of personnel to be assigned to the project which


covers suitability of key staff to perform the duties of the
particular assignments and general qualifications and
competence including education and training of the key staff;

b) Experience and capability of the consultant which include


records of previous engagement and quality of performance in
similar and in other projects; relationship with previous and
current clients; and, overall work commitments, geographical
distribution of current/impending projects and attention to be
given by the consultant. The experience of the consultant to
the project shall consider both the overall experiences of the
firm and the individual experiences of the principal and key

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staff including the times when employed by other consultants;


and

c) Plan of approach and methodology with emphasis on the


clarity, feasibility, innovativeness and comprehensiveness of
the plan approach, and the quality of interpretation of project
problems, risks, and suggested solutions.

G.5 POST QUALIFICATION

The post-qualification shall verify, validate, and ascertain all


statements made and documents submitted by the bidder with the
Lowest Calculated Bid/Highest Rated Bid, using non-discretionary
criteria, as stated in the Bidding Documents. These criteria shall
consider, but shall not be limited to, the following:

a) Legal Requirements. To verify, validate, and ascertain licenses,


certificates, permits, and agreements submitted by the bidder, and
the fact that it is not included in any “blacklist” as provided in Section
25.2 of this IRR. For this purpose, the GPPB shall maintain a
consolidated file of all “blacklisted” suppliers, contractors, and
consultants.

b) Technical Requirements. To determine compliance of the goods,


infrastructure projects, or consulting services offered with the
requirements specified in the Bidding Documents, including, where
applicable:

i) Verification and validation of the bidder’s stated competence and


experience, and the competence and experience of the bidder’s key
personnel to be assigned to the project, for the procurement of
infrastructure projects and consulting services;

ii) Verification of availability and commitment, and/or inspection and


testing for the required capacities and operating conditions, of
equipment units to be owned/leased/under purchase by the bidder for
use in the contract under bidding, as well as checking the
performance of the bidder in its ongoing government and private
contracts (if any of these on-going contracts shows a reported
negative slippage of at least fifteen percent (15%), or substandard
quality of work as per contract plans and specifications, or
unsatisfactory performance of the contractor’s obligations as per
contract terms and conditions, at the time of inspection, and if the
BAC verifies any of these deficiencies to be due to the contractor’s
fault or negligence, the agency shall disqualify the contractor from the
award), for the procurement of infrastructure projects;

iii) Verification and/or inspection and testing of the goods/product,


after-sales and/or maintenance capabilities, in applicable cases, for
the procurement of goods; and

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iv) Ascertainment of the sufficiency of the bid security as to type,


amount, form and wording, and validity period.

c) Financial Requirements. To verify, validate and ascertain the bid


price proposal of the bidder and, whenever applicable, the required
CLC in the amount specified and over the period stipulated in the
Bidding Documents, or the bidder’s NFCC to ensure that the bidder
can sustain the operating cash flow of the transaction.

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