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PHILIPPINE BIDDING DOCUMENTS

(As Harmonized with Development Partners)

Procurement
of GOODS
Government of the Republic of the
Philippines

B-20-027
Procurement of Security Services for Cebu City Markets for Ten (10)
months- March 1, 2020 to December 31, 2020
Purchase Request No. 19-12-00741

Fifth Edition
October 2016
Republic of the Philippines
City of Cebu
Bids and Awards Committee (Goods & Services)

Procurement of Security Services for Cebu City Markets for Ten (10) months- March 1, 2020 to
December 31, 2020
Purchase Request No. 19-12-00741

1. The City Government of Cebu, through the Operation of City Markets under Account Charge Nos.
8811-200-5-02-12-030-01(SECURITY SERVICES-2020) intends to apply the sum Eight Million Four
Hundred Seventy Two Thousand Three Hundred Seventy Pesos & 20/100 (P 8,472,370.20) being the
Approved Budget for the Contract (ABC) to payments under the contract for Procurement of
Security Services for Cebu City Markets for Ten (10) months- March 1,2020 to December 31, 2020.
Bids received in excess of the ABC shall be automatically rejected at bid opening.

2. The City Government of Cebu now invites bids for Procurement of Security Services for Cebu City
Markets for Ten (10) months- March 1, 2020 to December 31, 2020.Delivery of the Goods is required
on March 1, 2020. Bidders should have completed, within Two years from the date of submission and
receipt of bids, a contract similar to the Project. The description of an eligible bidder is contained in
the Bidding Documents, particularly, in Section II. Instructions to Bidders.

3. Bidding will be conducted through open competitive bidding procedures using a non-discretionary
“pass/fail” criterion as specified in the 2016 Revised Implementing Rules and Regulations (IRR) of
Republic Act (RA) 9184, otherwise known as the “Government Procurement Reform Act”.

Bidding is open to all interested bidders, whether local or foreign, subject to the conditions for
eligibility provided in the IRR of RA 9184.

4. Interested bidders may obtain further information from BAC (Goods and Services) Secretariat and
inspect the Bidding Documents at the address given below during 8:00a.m. to 5:00p.m.

5. A complete set of Bidding Documents may be acquired by interested Bidders on_______________


from the address below upon payment of the applicable non-refundable fee for the Bidding
Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount TEN THOUSAND
PESOS (P 10,000.00).

6. The City Government of Cebu will hold a Pre-Bid Conference on ___________________________at 7th
Floor, Executive Building, Cebu City Hall, which shall be open to prospective bidders.

7. Bids must be duly received by the BAC Secretariat at the address below on or_____________________.
All Bids must be accompanied by a bid security in any of the acceptable forms and in the amount
stated in ITB Clause 18.

Bid opening shall be on ___________________________ at 7th Floor, Executive Building, Cebu City Hall.
Bids will be opened in the presence of the bidders’ representatives who choose to attend at the
address below. Late bids shall not be accepted.

8. The City Government of Cebu reserves the right to reject any and all bids, declare a failure of
bidding, or not award the contract at any time prior to contract award in accordance with
Section 41 of RA 9184 and its IRR, without thereby incurring any liability to the affected bidder or
bidders.

9. For further information, please refer to:

Ms. NOVA F. BATILLER


Head-TWG-BAC (Goods and Services)
7th Floor, Executive Building, Cebu City Hall
Telephone No. 253-7778
ATTY. JUNE I. MARATAS
BAC Chairman
Bid Data Sheet
ITB Clause

1.1 The Procuring Entity is City Government of Cebu, through the Operation of City
Markets

The name of the Contract is for Procurement of Security Services for Cebu City
Markets for Ten (10) months- March 1, 2020 to December 31, 2020.

The identification number of the Contract is B-20-027.


1.2 The lot(s) and reference is/are:

Procurement of Security Services for Cebu City Markets for Ten (10) months- March 1,
2020 to December 31, 2020.
2 The Funding Source is:

The Government of the Philippines (GOP) through Operation of City Markets under
Account Charge Nos. 8811-200-5-02-12-030-01(SECURITY SERVICES-2020) in the
amount Eight Million Four Hundred Seventy-Two Thousand Three Hundred Seventy
Pesos & 20/100 (P 8,472,370.20).

The name of the Project is: Procurement of Security Services for Cebu City Markets for
Ten (10) months- March 1, 020 to December 31, 2020.
3.1 No further instructions.

5.1 No further instructions.

5.2 Not applicable.

5.4 For the procurement of Expendable Supplies: The Bidder must have completed,
within the period specified in the Invitation to Bid and ITB Clause 12.1(a)(ii), a single
contract that is similar to this Project, equivalent to at least fifty percent (50%) of the
ABC.

For this purpose, similar contracts shall refer to Procurement of Security Services for
Cebu City Markets for Ten (10) months- March 1, 2020 to December 31, 2020.
7 No further instructions.

8.1 Subcontracting is not allowed.

8.2 Not applicable

9.1 The Procuring Entity will hold a pre-bid conference for this Project on ____________ at
7th Floor, Executive Building, Cebu City Hall.

10.1 The Procuring Entity’s address is:


BAC Secretariat
7th Floor, Executive Building, Cebu City Hall
Telephone No. 253-7778
12.1(a) No further instructions.

12.1(a)(ii) The bidder’s SINGLE LARGEST COMPLETED CONTRACT (SLCC) similar to the contract
to be bid should have been completed within Two (2) years prior to the deadline
for the submission and receipt of bids.
13.1 Additional Requirement (Technical Proposal) and SHOULD BE SUBMITTED DURING
THE OPENING OF BIDS:
 updated & valid Mayor’s Business Permit
 latest Audited Financial Statement
 valid PhilGEPS Certificate of Registration (Platinum Membership)
 BIR Certificate of Registration
 BIR Tax Clearance
 latest Annual Income Tax Return
 Clearance from DOLE (without pending case)
 Clearance from SSS (latest remittance)
 Clearance from PAG-IBIG (latest remittance)
 Clearance from PhilHealth (latest remittance)
 Valid/updated License to Operate issued by PNP Security Agencies
and Guards Supervision Division (SAGSD)
 Certificate of Membership and Registration with the Philippine Association of
Detective and Protective Agency Operators, Inc. (PADPAO)
 List of Firearms and Radios
 List of Equipment and Paraphernalias (including mobility)
 Proposed security plan

13.1(b) No further instructions.

13.1(c) No additional requirements.

13.2 The ABC is

Category Approved Budget of


Contract
Procurement of Security Services for
Cebu City Markets for Ten (10) P 8,472,370.20
months- March 1,2020 to December
31, 2020.
Any bid with a financial component exceeding this amount shall not be
accepted.

15.4(a)(iv) No incidental services are required.

15.4(b)(i) The price of the Goods shall be quoted DDP Operation of City Markets.

No incidental services are required.

16.1(b) The Bid prices for Goods supplied from outside of the Philippines shall be quoted in
Philippine Pesos.

16.3 Not applicable

17.1 Bids will be valid until_________________.

18.1 The bid security shall be in the form of a Bid Securing Declaration, or any of
the following forms and amounts:

FORM Procurement of Security Services


for Cebu City Markets for Ten (10)
months- March 1, 2020 to
December 31, 2020.
a) Cash or P 169,447.404
cashier's/manager's check
issued by a Universal or
Commercial Bank (2%)
b) Bank draft/ guarantee or
irrevocable letter of credit
issued by a Universal or
Commercial Bank: Provided,
however, that it shall be
confirmed or authenticated
by a Universal or Commercial
Bank, if issued by a foreign
bank (2%)
c) Surety bond callable upon P 423,618.51
demand issued by a surety or
insurance company duly
certified by the Insurance
Commission as authorized to
issue such security (5%)
18.2 The bid security shall be valid until ____________________.

20.3 Each Bidder shall submit One (1) original and Three (3) copies of the first and
second components of its bid.

21 The address for submission of bids is 7th Floor, BAC Secretariat, Department of
General Services, Executive Building, Cebu City Hall, Cebu City.

The deadline for submission of bids is November 5, 2019 at 9:00 AM.

24.1 The place of bid opening is 7th Floor, BAC Secretariat, Department of General
Services, Executive Building, Cebu City Hall, Cebu City.

The date and time of bid opening is ________________________________.

24.2 No further instructions.

24.3 No further instructions.

27.1 No further instructions.

28.3 (a) Grouping and Evaluation of Lots –

Each item to be evaluated and compared with other Bids separately and
recommended for contract award separately.

Item Qty Unit of DESCRIPTION ABC/Unit


No. Issue
Procurement of Security Services for Cebu City Markets for Ten (10) months-
March 1,2020 to December 31, 2020.
1 42 Guards Security Services for the period 201, 723.10
MARCH 1, 2020 -DECEMBER 31,
2020 for Cebu City Markets for 8
hours duty per day (7 days a
week)
BREAKDOWN:
1 Applicable Daily Minimum 386.00
Wage

2 Equivalent Monthly Rate (#1 x 12,657.58


393.5/12)

13th Month Pay PD 851 (365 x 978.40


3
(#1 /12/12)

5 days Service Incentive Leave


4 160.83
(#1 x 5/12)

Night Shift Differentials (#1 x


5 421.92
393.5/12 x 10%/3)

Monthly Uniform Allowance RA 100.00


6
5487

Retirement Benefit RA 7641 (#1 x 724.72


7
22.53/12)

Total Monthly Salary due to 15,043.45


8
guard (#2 + #3 + #4 + #5 + #6 +
#7)
9 174.04
Philhealth (Employer's share
only) #2 x 2.75%

Add employer's share SSS + 1, 010.00


10
Php10.00 as EC (SSS table
effective April 2019)

Employer's share on Pag-ibig 253.15


11
Fund Contribution (Salary
bracket Php1,500.00 and above
at 2% based on #2)

Total amount due to guard and


12 16,480.64
government (#8 + #9 + #10 +
#11)

Administrative Overhead Margin 3,296.13


13
for Security Agency (#12 x 20%)
as per DOLE D.O #150-2016
dated Feb. 9, 2016

Gross amount due to Guard,


14 19,776.77
Government and Security
Agency (#12 + #13)
15 395.54
VAT of 12% based on Admin.
Margin # 13 (per BIR Revenue
Circular Memo # 039-2007)

Contract Rate (#14 + #15) per 20,172.31


16
guard
x Ten (10) Months - March 1, 201,723.10
2020 to December 31, 2020
8, 472,370.20
x 42 Guards

Note: See Terms and Conditions


hereto attached
TOTAL: 8, 472,370.20

28.4 No further instructions.

29.2 No additional requirement

32.4(f) No additional requirement


Special Conditions of Contract
GCC
Clause
1.1 (g) The Procuring Entity is Cebu City Government
1.1 (i) The Supplier is _______________________________
1.1 (j) The Funding Source is
The Government of the Philippines (GOP) 8811-200-5-02-12-030-01 (Security
Services-2020) in the amount of Eight Million Four Hundred Seventy-Two
Thousand Three Hundred Seventy Pesos & 20/100 (Php8,472,370.20).

NOTE: In the case of National Government Agencies, the General Appropriations Act and/or continuing
appropriations; in the case of Government-Owned and/or –Controlled Corporations, Government Financial
Institutions, and State Universities and Colleges, the Corporate Budget for the contract approved by the governing
Boards; in the case of Local Government Units, the Budget for the contract approved by the respective Sanggunian.
1.1 (k) The Project sites are defined in Error! Reference source not found.
2.1 No further instructions.
5.1 The Procuring Entity’s address for Notices is:

MS. NOVA F. BATILLER


Head-TWG-BAC (Goods and Services)
7thFloor, Executive Building, Cebu City Hall
Tel. No. 253-7778 / 253-3484
The Supplier’s address for Notices is: __________________________________
6.2 List here any additional requirements for the completion of this Contract. The following requirements and the
corresponding provisions may be deleted, amended, or retained depending on its applicability to this Contract:

Delivery and Documents –

ARTICLE I – CONSIDERATION

The CEBU CITY GOVERNMENT invited bids for Security Services and has accepted a
bid by the SECURITY AGENCY for the supply of security services in the sum of Eight
Million Four Hundred Seventy Two Three Hundred Seventy Pesos & 20/100
(Php8,472,370.20) Philippine Currency for the period March 1, 2020 (12:01 A.M.) to
DECEMBER 31, 2020 (12 midnight). The rate shall be stated in the Monthly
Deployment Update (MDU) and shall be payable every end of the month, subject
to the usual government accounting and auditing rules and regulations.

In this agreement, words and expression shall have the same meanings as
are respectively assigned to them in the conditions of Contract referred to.

The following documents shall be deemed to form and be read and


construed as part of this Agreement, viz:

1. The Special Conditions of the Contract;


2. Bid Form; (Eligibility Documents: SEC Registration/DTI, Mayor's Permit,
Statement of all its ongoing and completed contract (private and
government), Audited Financial Statement, NFCC, DOLE Clearance, NLRC
Clearance, SSS Certification, PHIC Certification, HDMF Certification, ITR and
Business Tax Returns with EFPS Confirmation Receipt or BIR Payment
Confirmation Receipt Status, EFPS Enrollment Form, Tax Clearance, LTO,
PHILGEPS Certificate of Registration, NTC License; Technical Documents: Bid
Security; Omnibus Sworn Statement;
3. List of Firearms and Radios;
4. List of Equipment and Paraphernalia;
5. Technical Specifications;
6. Schedule of Requirements and
7. Manpower Requirements.
8. Security Plan with Sketch Plan

ARTICLE II – DURATION

This Contract shall be effective for a period of Ten (10) months


commencing at 12:01A.M. on March 1, 2020 and ending at midnight on
DECEMBER 31, 2020 unless sooner terminated in accordance with the provisions
herein stipulated and other causes provided for in applicable laws;

ARTICLE III – OBLIGATIONS OF THE SECURITY AGENCY

The SECURITY AGENCY shall secure the prescribed premises continuously


and without any interruption during the effective date of this Contract, in
accordance with the SECURITY AGENCY’s Security Plan that will be submitted by
the SECURITY AGENCY. The SECURITY AGENCY shall exercise extraordinary
diligence in carrying out its obligations under this contract. The following are the
specified location of postings of the security guards:
NO. OF GUARDS
NO AREA
TO BE DEPLOYED
1 Unit 1, Carbon Market 6
2 Unit 3, Carbon Market 6
3 Viaduct Area 3
4 Pardo Public Market 3
5 Taboan Public Market 6
6 Pasil Fish Market 6
7 T. Padilla Public Market 3
8 Ramos Public Market 3
9 Freedom Park 3
10 Warwick Barracks 3
TOTAL 42

Only duly licensed security guards shall be deployed by the SECURITY


AGENCY. Before discharging their duties, the SECURITY AGENCY shall submit to the
CEBU CITY GOVERNMENT Main Office the following documents:

 Clearance from the Philippine National Police (PNP) and the proper court
of the place where they reside, certifying that they have no criminal
record convicting them of any offense, or there is no pending criminal
case against them.
 A certification that they are of good moral character, courteous, honest,
non-alcoholic, and not engaged in any illegal activity;
 A certified true copy of their respective current licenses;
 A certified true copy of the result of neuro and drug test conducted and
issued by PNP-accredited laboratory/clinic;

It is hereby understood and agreed upon that in no case shall the SECURITY
AGENCY assign mere trainees as security guards to be deployed under this
Contract otherwise assignment of trainees as security guards shall be considered a
violation of the Contract.

The SECURITY AGENCY shall, in the presence of CEBU CITY GOVERNMENT,


City Administrator or his duly authorized representative conduct a briefing with the
security guards before their deployment to specific assignments concerning
among others, their wages, other benefits

The SECURITY AGENCY shall issue a Duty Detail Order (DDO) for every
Security Guard to be assigned/posted to any CEBU CITY GOVERNMENT premises,
indicating therein the name of the guard, the type of issued firearms, the
particular place of assignment and the inclusive dates (duration) within which the
guards are to render services.

The Security Guard, before assumption of post, shall present his individual
(DDO) to CEBU CITY GOVERNMENT, City Administrator or his duly authorized
representative.

In case of replacement of guards posted in an installation, the name of the


guards to replace shall be indicated in the DDO and shall be presented together
with the Recall Order issued to the Security Guard to be replaced, to the CEBU
CITY GOVERNMENT, City Administrator or his duly authorized representative.

In no case shall a security guard assume post without the presentation of


DDO and Recall Order to the concerned CEBU CITY GOVERNMENT, City
Administrator or his authorized representative.

The tour of duty of the security guard shall be divided into three (3) shifts for
a maximum of eight (8) hours per shift as follows:

1st Shift 2nd Shift 3rd Shift


0600H-1400H 1400H-2200H 2200H-0600H

However, during special activities or in case of emergency, such as


outbreak of fires, occurrence of earthquakes and riots, the SECURITY AGENCY shall
provide to CEBU CITY GOVERNMENT with contingent of one (1) or more security
guards on reserve duties to augment and reinforce the security force thereat for
the protection of the properties and of the latter’s officers and personnel thereat,
against bodily harm during the special activities or emergency. Payments for the
security services rendered beyond the eight (8) hour duty shall be pro-rated based
on daily rate;

The absorption of inorganic guards by the SECURITY AGENCY shall be


strictly prohibited unless said inorganic guard has secured a clearance from the
outgoing SECURITY AGENCY and said absorption is approved by the CEBU CITY
GOVERNMENT, City Administrator. For purposes of this Contract, absorption shall
be defined as but not limited to, the employment and or rehiring by the SECURITY
AGENCY of security guards employed by the previous SECURITY AGENCY for
deployment to any CEBU CITY GOVERNMENT installations.

The CEBU CITY GOVERNMENT shall have the unconditional right to require
the SECURITY AGENCY to replace guard/s with those acceptable by the CEBU
CITY GOVERNMENT. Replacements should be effected within twenty-four (24)
hours after receipt of the written recommendation/request by the CEBU CITY
GOVERNMENT. In no instance shall replaced security guard be re-deployed in any
CEBU CITY GOVERNMENT facilities.

The security guards so assigned shall be under the strict supervision of the
SECURITY AGENCY. The CEBU CITY GOVERNMENT however shall have the right to
conduct spot inspections on the performance of the security guards at any time it
may deem necessary. This right shall not, however, diminish the liability of nor
absolve the SECURITY AGENCY and the guard of their obligations to the CEBU CITY
GOVERNMENT under this Contract. It is understood that the SECURITY AGENCY is
liable for all the acts or omission of its security guards.

In the matter of discipline, performance and/or breach in the norms of


conduct by the guard so assigned, the SECURITY AGENCY shall submit a periodic
assessment and incident reports to the CEBU CITY GOVERNMENT, City
Administrator or his duly authorized representative.

The SECURITY AGENCY shall undertake a reshuffling of its security guards


from one (1) post to another when so requested by the CEBU CITY GOVERNMENT.

The SECURITY AGENCY may, within the six-month period, undertake


replacement of its security guards upon a written request duly approved by the
City Administrator as recommended by the concerned office of CEBU CITY
GOVERNMENT.

The SECURITY AGENCY shall equip and provide each security guard who
must always be in proper uniform, with logbook to be used for recording people
and events affecting security matters, flashlights, club, whistle, fully loaded
serviceable firearm and other equipments which are essential for security
purposes.

The SECURITY AGENCY shall, jointly and severally with its security guards be
liable to CEBU CITY GOVERNMENT or to any person for any injury or damage or loss
of property suffered by them within the security coverage of the SECURITY
AGENCY as a result of, among others, assault, arson, theft, robbery, pilferage,
trespass, mischief, or any unlawful act, or negligence.

The SECURITY AGENCY shall be duly represented in the investigation which


will be conducted by a third party or a joint investigation by the SECURITY AGENCY
and CEBU CITY GOVERNMENT to determine whether or not the SECURITY AGENCY
was at fault or negligent or did not exercise due diligence required under the
circumstances to prevent or minimize injury or damage to or loss of property.

Absence of a representative from the SECURITY AGENCY, despite notice,


will not preclude the CEBU CITY GOVERNMENT from proceeding with the
investigation.

If investigation to be conducted involved offenses allegedly committed


only by CEBU CITY GOVERNMENT employees, e.g. theft committed by Cashier,
Special Disbursing Officer (SDO) and Special Collecting Officer (SCO), and loss of
property fully documented, CEBU CITY GOVERNMENT may still notify the SECURITY
AGENCY of the investigation being conducted.

The SECURITY AGENCY shall not be held liable for damage or loss of CEBU
CITY GOVERNMENT property due to fortuitous events or acts of God as may be
determined after the investigation.

The SECURITY AGENCY hereby authorizes CEBU CITY GOVERNMENT to


withhold such amount as might be sufficient to satisfy its liability to CEBU CITY
GOVERNMENT and/or persons as determined hereof.

The security guard so assigned shall provide additional services related to


their work when so requested by CEBU CITY GOVERNMENT, such as armed escort
services. Moreover, the SECURITY AGENCY shall have a pool of reserved guards to
ensure the presence of adequate relievers whenever the need arises.

The SECURITY AGENCY shall post a Performance Security upon signing of


the contract. The Performance Security may be in any of the following:

Form of Security Minimum Amount % of


total Contract Price
Cash, Certified Check, Cashier’s Check, Five Percent (5 %)
Bank Draft or Irrevocable Letter of Credit
Bank Guarantee Five Percent (5 %)
Surety Bond Thirty Percent (30%)

Said Performance Security shall remain in full force and effect within the
duration of this contract.

In case the Security Contract is extended, the SECURITY AGENCY shall be


required to post the corresponding Performance Bond.

The Performance Bond shall be forfeited in favor of CEBU CITY


GOVERNMENT in cases where the SECURITY AGENCY fails to comply with the terms
and conditions of this contract. Should the amount forfeited be not sufficient to
cover such losses, damages and liabilities incurred due to fault of the SECURITY
AGENCY, it shall pay the remaining balance.

The SECURITY AGENCY shall assume full and exclusive obligation to pay the
mandated wage provided for by laws to its security assigned to CEBU CITY
GOVERNMENT under this Contract, including claims and other compensation as
may be legally due to the security guards, such as withholding taxes on salaries,
SSS Premiums, Philhealth and the like.

The SECURITY AGENCY shall submit to the CEBU CITY GOVERNMENT a copy
of the payroll and any other documents evidencing payment of salaries to the
security guards.

In case the SECURITY AGENCY pays each security guard below the
minimum wage and fails to remit to the proper government offices the required
contributions of the security guards, CEBU CITY GOVERNMENT is hereby authorized
to withhold the payment due to the SECURITY AGENCY the amount corresponding
to the difference between the amount actually paid and the prescribed minimum
wage.

The SECURITY AGENCY shall conform to the rules and regulations as


mandated and other related laws.

All costs related to mobilization, demobilization, and supervision of guards


shall be borne by the SECURITY AGENCY.

It is also agreed that the SECURITY AGENCY shall pay taxes in full and on
time. In addition, the SECURITY AGENCY is under obligation to regularly present,
within the duration of the contract, the business tax returns duly stamped and
received by the Bureau of Internal Revenue (BIR).

ARTICLE IV – OBLIGATION OF CEBU CITY GOVERNMENT

All payments to the SECURITY AGENCY shall be made at the particular


CEBU CITY GOVERNMENT Office where the security services are rendered in a
monthly basis and shall be paid every end of the month after receipt of the
SECURITY AGENCY’s statement of account subject to CEBU CITY GOVERNMENT’s
accounting and auditing rules and regulations.

The CEBU CITY GOVERNMENT agrees to pay the SECURITY AGENCY the
monthly contract rate as agreed for an eight (8) hour tour of duty per guard per
day for seven (7) days including Sundays or Rest days, Specials and Regular
Holidays.

Before the release of each payment, the CEBU CITY GOVERNMENT shall
require the SECURITY AGENCY to submit proof of remittance and receipt of SSS
and Philhealth premium payments of security guards and contributions to other
concerned government AGENCY.

ARTICLE V – TERMINATION

This contract shall terminate at the lapse of the period or duration in


accordance with Article II hereof.

The CEBU CITY GOVERNMENT, however, has the right to terminate this
Contract at anytime upon thirty (30) days prior notice to the SECURITY AGENCY
under any or all of the following circumstances shall validly exist, namely:

Violations by the SECURITY AGENCY of the terms and conditions of the


Contract;

 Failure of the SECURITY AGENCY to comply with the provision of RA 5487 as


Amended, PD 442, as amended and other related laws;
 Violation by the SECURITY AGENCY and its guard of the provisions of the
Special Operating Procedures (SOP) on Blue Guards
 Discovery of any fraud, falsification or misrepresentation in any of the
documents submitted during the accreditation/eligibility check by the
SECURITY AGENCY.
 If the SECURITY AGENCY is found out to have a pending case for or against
any Government agencies, private individual, or corporation.
However, if during the effective date of the contract, the SECURITY
AGENCY subjected to suffer any sanction by order of any competent authority,
whether final or not, CEBU CITY GOVERNMENT shall have the exclusive rights to
terminate this Contract at any time without prior notice.

ARTICLE VI – SPECIAL PROVISIONS

It is understood that CEBU CITY GOVERNMENT shall have the sole option to
cause the increase/decrease of the number of SECURITY AGENCY’S security
guards to be deployed at all facilities within the contract area depending upon
the exigency of the operations therein.

It is understood that the security guards are not employees of CEBU CITY
GOVERNMENT but of the SECURITY AGENCY as an independent Contractor.
Hence, no employer-employee relationship exist whatsoever between CEBU CITY
GOVERNMENT and the Security guards.

The SECURITY AGENCY hereby expressly agrees and binds itself that CEBU
CITY GOVERNMENT shall be protected and absolved from any labor case or
problem as the same shall be fully assumed solely and exclusively by the SECURITY
AGENCY.

In case of suit where the CEBU CITY GOVERNMENT is in pleaded as indirect


employer, the SECURITY AGENCY shall hold CEBU CITY GOVERNMENT free from any
liability arising there from and shall defend and protect CEBU CITY GOVERNMENT
interests therein.

The CEBU CITY GOVERNMENT shall conduct an orientation with the security
guards concerning among others the CEBU CITY GOVERNMENT policies.
In the event of legislated increase in the minimum wage, the Contract is
deemed amended as to take consideration by increasing the wage per guard
based on the newly set minimum wage rate provided for in the Wage Order.

No adjustments shall be made on administrative and overhead cost of the


SECURITY AGENCY.

In case such Security Service Contract is extended under valid


circumstances, such Surety bond shall likewise be extended accordingly, validity
of which shall not be less than three (3) years from the expiration of the expiration
of the extended period.

The SECURITY AGENCY shall have no right to assign or otherwise transfer in


any manner whatsoever of its right, interest and obligation under this Contract or
any part hereof without the prior written approval of CEBU CITY GOVERNMENT.

Any dispute or disagreement of any kind or whatsoever arising from any


interpretation, implementation or violation of the terms and conditions of this
Contract shall, as far as practicable, be settled amicably. In case the parties fail
to amicably settle their difference and one of the parties is constrained to seek
judicial redress to protect its rights and interests, such suit shall be filed and
prosecuted exclusively in the proper court of competent jurisdiction in Cebu City,
Philippines.

Incidental Services –

The Supplier is required to provide all of the following services, including additional
services, if any, specified in Error! Reference source not found.:

(a) provide handheld radios, firearms, mobility, roving supervisors and


paraphernalia’s;

(b) performance or supervision, for a period of time agreed by the parties,


provided that this service shall not relieve the Supplier of any warranty
obligations under this Contract; and

The Contract price for the Goods shall include the prices charged by the Supplier
for incidental services and shall not exceed the prevailing rates charged to other
parties by the Supplier for similar services.

Patent Rights –

The Supplier shall indemnify the Procuring Entity against all third-party claims of
infringement of patent, trademark, or industrial design rights arising from use of the
Goods or any part thereof.
10.4 Not applicable
10.5 Payment using LC is not allowed.
11.3 Maintain the GCC Clause.
13.4 (c) No further instructions.
16.1 None
17.3 Not applicable
17.4 Not applicable
21.1 No additional provision.
Section VI. Schedule of Requirements
The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the date of
delivery to the project site.
Item
Description Qty Unit Delivered, Weeks/Months
No.
1 Procurement of Security Services 42 GUARDS March 1, 2020 to
for Cebu City Markets for ten (10) December 31, 2020
months
POSTING:
Unit 1, Carbon Market 6
Unit 3, Carbon Market 6
Viaduct Area 3
Pardo Public Market 3
Taboan Public Market 6
Pasil Fish Market 6
T. Padilla Public Market 3
Ramos Public Market 3
Freedom Park 3
Warwick Barracks 3
See Special Conditions of the
contract