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Contract Agreement

Consulting Services for the Establishment of Quality Management System (QMS)- SystemReview and Improvement Processes Aligned with and Certifiable to ISO 9001:2015Standard for Investment Coordination Committee Appraisal Process at the NEDA

Central Office

TillS AGREEMENT made this _ day ~N ~7_ in Pasig City, Philippines, byand between: .. i , :.:-;::.

The NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY (NEDA) withaddress at NEDA-sa-Pasig Bldg., No 12 Saint Josemaria Escriva Drive, Ortigas Center,Pasig City, herein represented by its Undersecretary, JOSE MIGUEL R. DE LA

ROSA, hereinafter referred to as the "Procuring Entity";

and

CYNTHIA R. RAMJREZ with address at Block 9, Lot 7 Yakal St., Phase 5,Greenwoods Executive Village, Cainta, Rizal, hereinafter referred to as the"Consultant" ; 1WHEREAS, the Procuring Entity invited Bids for the provision of Consulting Services for the

Establishment of Quality Management System (QMS)- System Review and Improvement ProcessesAligned with and Certifiable to ISO 9001:2015 Standard for Investment Coordination CommitteeAppraisal Process at the NEDA Central Office and has accepted the Bid offered by the Consultant forthe delivery of said services for the sum of Six Hundred Thousand Pesos (PhP 600,000.00), inclusive ofall applicable government taxes and charges, professional fees, and other incidental and administrativecosts.

NOW THEREFORE, the Procuring Entity and the Consultant have agreed on the followingterms and conditions;

1. In this Contract, words and expressions shall have the same meanings as are respectivelyassigned to them in the Conditions of Contract referred to.

(a) Annual Procurement Plan;(b) Purchase Request;(c) Invitation Letter;(d) Terms of Reference (TOR);

(e) Consultant's Technical and Financial Proposals, and all other

documents/statements contained in the Bidder's bidding envelopes, asannexes;

(f) Bid Bulletinls and Supplemental Bid Bulletins, if any;(g) Eligibility requirements, documents and/or statements;(h) Performance Security;(i) Detailed Evaluation;

G) Notice of Award of Contract and the Bidder's Conforme thereto;(k) Notice to Proceed;

2. The following documents shall be attached, deemed to form, and be read and construed aspart of this Contract, to wit:

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(1) Addendum and/or Supplement to the Contract, if any; and(m) Other contract documents that may be required by existing laws and/or

the Procuring Entity,

3. In addition, the following agreements during the negotiations held on 13 June 2017 between

the Procuring Entity and the Consultant's authorized representative shall be binding:

a) The Consultant will deliver the services and outputs indicated in the TOR in twenty-six (26) man-days;

b) The Consultant will accommodate preferably thirty (30) participants to the workshopup to a maximum of thirty- five (35) participants; and

c) The financial proposal of the Consultant is gross and inclusive of all applicablegovernment taxes and charges. The appropriate amount of tax shall be determined bythe Procuring Entity and shall be deducted from the contract amount.

4. In consideration of the payments to be made by the Procuring Entity to the Consultant, theConsultant hereby covenants with the Procuring Entity to deliver said services inconformity with the provisions of this Contract in all respects.

5. The Procuring Entity hereby covenants to pay the Consultant in consideration of the deliveryof said services, the Contract Price or such other sum, as may become payable at the timeand in the manner prescribed by this contract.

6. Payment will be made based on the milestones in relation to the consultancy service,including the target date of completion for each activity and the payment scheme basedhereon:

Terms of,

Deliverables Timelines Payment

1. ISO 9000 QMS System Review and Improvement Within 10%Development Work Plan five (5) days upon

consultant's receipt of theNotice to Proceed (NTP)

2. Conduct of Training, Workshop and Within 30%

~

Guidance/Consultation Sessions on Internal one (1) month upon receiptQuality Auditing and Report Writing ofNTP

3. Conduct of Guidance/Consultation Sessions on Within4~Management Review and Conduct of Pre- two (2) to three (3) months ~

Certification Assessment (PCA) upon receipt ofNTP \~4. Provision of Reliable Expert Advice/Assistance During Certification Audit 10% "

During Third Party Certification

5. Documentation Report Within Day 5 After 10%Certification Audit

Each payment shall be supported by a Certificate of Satisfactory Service based on thetraining and workshops conducted and technical guidance/consultations rendered comprisingthe actual outputs as certified by the ISO 9001 QMS Technical Consultant and duly acceptedby the QMR or his authorized representative.

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7. It is understood that time is of the essence in this contract. Failure to complete the deliverywithin the time stipulated shall entitle the Procuring Entity to demand liquidated damagesagainst the Consultant equivalent to one-tenth of one per cent (1/10 of 1%) of the totalcontract price for each calendar day of delay. The Procuring Entity need not prove that it hasincurred actual damages. The liquidated damages shall be deducted by the Procuring Entityfrom the contract price.

8. This Contract shall not create an employer-employee relationship between the ProcuringEntity and the Consultant nor shall the services rendered herein be considered as governmentservjce.The Consultant shall not be entitled to benefits enjoyed by the regular personnel ofthe government

9. Any amendment to this Contract shall be made in writing signed by the Procuring Entity andthe Consultant.

10. The Procuring Entity has the right to rescind the Contract in case the Consultant:

a) Fails to complete the work as agreed upon;b) Abandons the work project;c) Willfully violates any or all provisions of the contract; or,d) Does not execute the contract in good faith or is not making such progress in the

execution of the work so as to insure its completion within the required time.

The contract shall be deemed rescinded upon receipt of notice by the Consultant and thelatter shall be paid in accordance with what has been actually delivered at the time ofrescission as determined by the Procuring Entity.

11. Should any dispute related to this Contract andlor rights of the Parties arise, the same shallbe submitted to mutual consultation, mediation and arbitration, in the order of application.The venue of the proceedings shall be in Pasig City.

12. In case of a court suit, the venue shall be the courts of competent jurisdiction in Pasig City,to the exclusion of all other courts.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed inaccordance with the laws of the Republic of the Philippines on the day and year first before written.

Signed by: Signed by:

zJUnde ecretaryNEDA- Central Support Office (CSO)NEDA-sa-Pasig BuildingJosemaria Escriva DriveOrtigas Center, Pasig City

ConsultantBlock 9, Lot 7 Yakal St., Phase 5,Greenwoods Executive Village, No. 12 SaintCainta, Rizal

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,<l

ACKNOWLEDGMENTRepublic of the Philippines)

.• .-..~, ) S.S.Uo.....,\0 viLa

Before me thisappeared:

JU" 2..1:2017 '-'day ot .. _.. _'___!_' .'in rMtdb1n_______ , personally

Name Date and Place of Issue

JOSE MIGUEL R. DE LA ROSA NED A ID Number- 316825 02 November 2016

In his capacity as Undersecretary,

Any Government-IssuedIdentification Document-

NEDA- Central Support Office(CSO)

NEDA-sa-Pasig Bldg. No. 12 SaintJosemaria Escriva Drive OrtigasCenter, Pasig City

F>. CYNTHIA R. RAMIREZ

,~ Consultant

Block 9, Lot 7 Yakal St., Phase 5,Greenwoods Executive Village,Cainta, Rizal

NEDA-sa Pasig Building, No.12 Saint Josemaria Escriva DriveOrtigas Center, Pasig City

all known to me to be the same persons who executed the foregoing instrument consisting of three (3)pages, together with the documents deemed and construed part of the contract, including this page, onwhich this acknowledgment is written, duly signed by their instrumental witnesses, and whoacknowledged to me that the same is their own free and voluntary act and deed as well as that of theentities which they represent.

WITNESS MY HAND on the date and place first hereinabove stated.

EDWIN G.C1~tlvANOTARY pum'fl

PAStel PATEROS, & SA~JUANUNif& DEC. :!1/ 201&

PJ'R NO. 2506000/1-03-17IBP NO' 101699S112-:29-1b1UNTIL Z~8

• ROLL "'0.26683r~"NO.210-588-191-000JeLE V-0004493

, j r~CR AAMAL BLDG. URB~ 0, ~~:,~OAVE. MALIHAO,PASJGCITY

Doc. No. ,11p ;Page No. !;Book No. a..Series of __ I-1,'/F--

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