Terms of Reference For The Conduct of FS For The Kabulnan 2 Multi Purpose Irrigation and Power Project
Terms of Reference For The Conduct of FS For The Kabulnan 2 Multi Purpose Irrigation and Power Project
1. BACKGROUND/RATIONALE
The General Appropriations Act (GAA) of 2014 has allocated the amount of
Four Hundred Million Pesos (PhP400,000,000.00) for the conduct of
feasibility studies (F/S) to be administered by the National Economic and
Development Authority (NEDA).
NEDA shall be the Executing Agency and Contracting Party, while the
National Irrigation Administration (NIA) shall be the Implementing Agency.
The proposed project is consistent with NIA‟s major programs/
projects/activities (PPAs).
The Project is also in line with the sector outcomes under Chapter 10 of the
PDP (“Accelerating Infrastructure Development”) by enhancing the
performance of the irrigation sector and enabling development in the energy
sector.
Agriculture is one of the major sectors of the economy, which provides jobs to
the labor force and contributes to the gross domestic product (GDP). One of
the primary objectives of the Government of the Philippines (GPH) is to
increase the self-sufficiency rate in rice. Attaining a higher self-sufficiency
rate means increasing rice production. Therefore, the expansion of irrigated
areas to be supplied by the project will help increase rice production, which, in
turn, will increase self-sufficiency rate in rice.
The power generation component of the project will also help in meeting the
demand in the Mindanao power grid where a total of 1,600 megawatts (MW)
additional capacity is seen to be needed in the planning period 2012-2030 to
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meet the electricity demand and the required reserve margin of the grid. The
grid, which, at present, barely meets the demand, does not have the capacity to
produce the required reserve margin. The power generation component of the
project, the feasibility of which is to be confirmed in the F/S updating, is
envisaged to work towards diminishing this supply gap.
The objective of the proposal under this TOR is to update and validate the
previously conducted F/S of K2MIPP. The F/S updating and validation shall
cover the technical, economic, and financial aspects of the proposed irrigation
and multipurpose project, including environmental study, vulnerability
assessment, preparation of sustainability plans, and analysis of alternative
financing schemes, among others.
Additionally, the F/S updating and validation shall ensure that value
engineering/value analysis (VE/VA)1 is undertaken with regard to the
selection of the best possible implementation/project options/configurations
for the project (may include new available technology which can be used to
deliver the project or component/s of the project), to ensure that the best
scheme for providing the project‟s intended outputs will be selected, which
would yield the highest value-for-money (VfM), as articulated in the Scope of
Works under Section 3 below.
By the end of the contract period under this TOR, the Consulting Firm is
expected to produce a comprehensive F/S based on updated information, with
1
For reference, the Value Analysis Handbook for NEDA (2009) may be downloaded from:
http://www.neda.gov.ph/wp-content/uploads/2014/01/Value-Analysis-Handbook.pdf
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The scope of work of the Consulting Firm under this TOR shall include, but
not necessarily be limited to, the following:
3.1.4 During the contract period, conduct coordination meetings with NIA
and NEDA to: (a) discuss the progress of the work and preliminary
output; (b) give the Government the opportunity to make comments
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and suggestions on a timely basis; and (c) resolve problems and issues
that may be encountered. The Government may assign counterpart
personnel to the study for purposes of transfer of technology and
capacity building. The Consultant shall provide for the required office
space for the government counterparts.
Following are the key experts required and the corresponding major activities,
which they will undertake, among others:
e. Organize and take the lead in the conduct of regular site visits to
the dam site and irrigation service areas for the technical
supervision in undertaking the required survey and mapping, and
the carrying-out of geological and geotechnical confirmatory
tests;
g. Given the data from borehole tests and after identifying probable
location of faults, evaluate the proposed dam axis and alignments
of appurtenant structures;
c. Collate and study the existing available soil and land resources
data;
g. Carry out land use mapping, soil characterization, and land class
correlation based on the inherent and morphological
characteristics of the soil such as physical and chemical
properties, topography, drainage and parent materials, and design
into appropriate mapping units for the report; and
3.2.4 Agriculturist
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i. Inform the Hydrologist about the crops that can be planted in the
area before it generates a future cropping pattern;
3.2.6 Hydrologist
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d. Prepare the quantity and cost estimate of civil works and other
components of the project during the master planning and
feasibility stage; and
i. Core drilling;
ii. Water pressure testing; and
iii. Test pitting (soil and aggregate pits) for construction
materials;
3.2.10 Economist
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i. Price structure;
ii. Physical inputs;
iii. Cost of production;
iv. Economic cost of farm labor;
v. Net value of production;
vi. Economic analysis of net value of production;
vii. Crop budgets;
viii. Farm budget;
ix. Project cost (investment, O&M, replacement, etc.);
x. Benefits (irrigation, power, fishery, etc.);
xi. Financial Internal Rate of Return (IRR), Economic IRR,
Economic Net Present Value (NPV), Financial NPV,
and Economic and Financial Benefit/Cost (B/C) ratio;
and
xii. Sensitivity analysis.
a. Review available maps and survey data for the project area;
k. Show the plan and profile of main canal indicating its canal
elements;
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The Team Leader shall take the lead in undertaking the VE/VA study and
vulnerability assessment, among others, as previously articulated in Item (g) of
Section 3.2.1 of this TOR. The members of the Consulting Team shall be
required to provide data/information as needed by the other experts and/or by the
Team Leader related to the conduct of VE/VA.
In addition to the above, each of the members of the Consultant Team shall
prepare inputs to the Inception Report, VE/VA Report, Monthly Progress Reports,
Draft Interim Report, F/S Report, Final F/S Report, and other reports specific to
their assigned tasks.
Prints and electronic copies of the reports specific to the members‟ assigned tasks,
including tables and figures shall also be required to be submitted to NIA to
facilitate review.
Further, aside from the specified scope of works mentioned above, the Consulting
Firm may propose additional works to enhance the study, provided it shall bear no
additional cost to Government. The scope of any additional proposed works by
the Consulting Firm shall be established within the first three (3) months of the
study, subject to the approval of Government.
The Consulting Firm shall also accommodate at least two (2) Government (e.g.,
personnel from NEDA and NIA) on-the-job observers, who shall be detailed to
the project for the purpose of capacity-building and technology transfer.
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Deliverable Timeline
Final Inception Report 15 calendar days after receiving comments from NIA
The Inception Report shall also include the fulfilment of the study
conditions listed in this TOR as well as approaches and methodologies
to be utilized in the development of the study.
4.2.2 The VE/VA Report shall contain the results of the study of alternatives/
options as expounded in Section 3 of this TOR.
4.2.3 The Monthly Progress Reports shall include updates on the physical
and financial accomplishments of each of the activities under the Work
and Financial Plan, including the difficulties encountered and measures
taken to overcome them.
4.2.4 The Interim Report shall include, among others, the status of
implementation of the study in relation to the scope of work, as well as
preliminary results of the study.
The F/S shall be undertaken by a Consulting Firm composed of the following key
experts, whose minimum qualifications are stated herein and in Annex B of this TOR.
The Soil and Land Classification Specialist should have a Bachelor‟s degree
(preferably Master‟s degree) in Agricultural Engineering or equivalent, with at
least four (4) years (preferably 10 years) of professional experience and at
least four (4) projects (preferably 8 projects) in the field of land resource
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5.4 Agriculturist
5.6 Hydrologist
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5.10 Economist
The prospective Consultancy Firms must have at least ten (10) years of relevant
experience related to this TOR and will be rated based on the criteria as shown in
Annex B (Rating Table for the Shortlisting of the Consulting Firms). Prospective
bidders are required to submit the following:
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The Consulting Firm shall be selected using the Quality-Cost Based Selection
procedure under Republic Act (RA) 9184 (Government Procurement Reform Act) and
its Revised Implementing Rules and Regulations (IRR) and based on the following
criteria: eighty percent (80%) Technical and twenty percent (20%) Financial.
The prospective Consulting Firms shall follow the Guidelines in the Preparation of
Eligibility Requirements, attached as Annex C.
7. SOURCE OF FUNDS
Funds for the conduct of subject F/S will be sourced from NEDA‟s F/S Fund.
8. INSTITUTIONAL SET-UP/RESPONSIBILITIES
8.1.2 Shall, through its NEDA Bids and Awards Committee (NBAC), be
responsible for facilitating the bidding and tendering of the
consultancy services in compliance with RA 9184 and its IRR with the
Implementing Agency as end-user;
8.1.3 Shall be responsible for the disbursement of the fund for the conduct of
the F/S once the contract becomes executed;
8.1.4 Shall reimburse or pay in behalf of the Consulting Firm for amounts
paid on account of all taxes, duties, levies, and other impositions under
the laws and regulations of the Philippines or any political subdivision
or agency thereof (other than personnel who are citizens or permanent
residents of the Philippines), in respect of any payment made to the
Consulting Firm in connection with the carrying out of the services;
8.1.6 Shall detail counterpart technical personnel to the project for the
purpose of on-the-job capacity building/technology transfer.
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8.2.3 Shall provide assistance in the coordination with other agencies related
to the study;
8.2.4 Shall warrant that the Consulting Firm shall have free and unimpeded
access to all lands and properties required for the effective execution of
the services. Likewise, NIA shall be responsible for any damage to
such land or any property thereon resulting from such access (unless
such damage is caused by the wilful default or negligence of the
Consulting Firm or its Staff);
8.2.6 Shall evaluate all request for payments/billings and endorse to NEDA
upon determination of the acceptability/correctness of the same;
8.2.7 Shall report to NEDA the physical progress of the study on a quarterly
basis; and
8.2.8 Shall have the option to detail counterpart technical personnel to the
project for the purpose of on-the-job capacity building/technology
transfer.
8.3.1 Shall be responsible for the conduct of the study and the timely
delivery of results/outputs as indicated under Sections 2, 3, and 4 of
this TOR;
8.3.2 Shall be responsible for the provision of necessary office space, which
shall be within close proximity to NEDA, for their project staff as well
as the Government‟s detailed personnel, including the necessary office
equipment (i.e., computer, printers, office supplies, etc.) for the
conduct of the study. All equipment procured for the development of
the project shall be transferred to the Government by the end of the
project;
8.3.3 Shall shoulder all expenses required in the conduct of the study,
including travel costs and lodging of detailed Government personnel
during field visits, except for their salaries;
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8.3.4 Shall: (a) carry out the services with sound engineering theories and
practices to ensure that the final works will provide the most
economical and feasible development for the study; (b) accept full
responsibility for the consulting services to be performed under this
TOR for which the Consulting Firm is liable to NIA; (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 services rendered; and (d) comply with, and
strictly observe any laws regarding workmen‟s health and safety,
workmen‟s welfare, compensation for injuries, minimum wage, hours
of labor and other labor laws;
8.3.5 Shall: (a) 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 TOR
have been duly incurred; and (b) permit the duly authorized
representatives of the Government from time to time to inspect its
records and accounts as well as to audit the same;
8.3.6 Shall not assign nor sub-contract any part of the professional
engineering services under this TOR to any person or firm, except with
prior written consent of NIA. The approval by the Government to the
assignment of any part of said services or to the engagement by the
Consulting Firm of sub-contractors to perform any part of the same
shall not relieve the Consulting Firm of any obligations under this
TOR;
8.3.7 Shall, during or after the conclusion or termination of the study, 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 is associated or affiliated, from the
provision of goods and services other than the services herein, except
as NIA may otherwise agree;
8.3.8 Shall prohibit full-time foreign staff during his assignment under this
TOR to engage, directly or indirectly, either in his name, or through
the Consulting Firm, in any business or professional activities in the
Philippines other than the performance of his duties or assignment
under this TOR;
8.3.9 Shall not at any time communicate to any person or entity any
information disclosed to them for the purpose of this services, nor shall
the Consulting Firm make public any information as to the
recommendations formulated in the course of or as a result of the
services, except with prior consent of NIA;
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agent, it being understood that the position of the Consulting Firm and
anyone else performing the services is that of an independent
contractor;
8.3.11 Shall hold the Government free from any and all liabilities, suits,
actions, demands, or damages arising from death or injuries to persons
or properties, or any loss resulting from or caused by said personnel
incident to or in connection with the services under this TOR. The
Consulting Firm shall agree to indemnify, protect and defend at its own
expense the Government and its agents from and against all actions,
claims and liabilities arising out of acts done by the Consulting Firm or
its staff in the performance of the services, including the use of, or
violation of any copyrighted materials, patented invention, article or
appliance; and
Please note that this consulting contract shall be a fixed price contract. Any extension
of contract time shall not involve any additional cost to the Government.
All equipment, materials, etc., acquired for the study shall be turned over to NEDA at
the conclusion of the study.
10.1 Billing for reimbursable items shall be on a monthly basis based on the actual
expenses incurred and supported by official receipts/documents, including the
monthly progress reports.
10.3 An advance payment shall be made to cover mobilization costs, but shall not
exceed TEN PERCENT (10%) of the contract amount, subject to the posting
of an irrevocable standby letter of credit issued by an entity acceptable to
NEDA and of an equal amount to the advance payment. The advance
payment shall be repaid by the Consultant by deducting from his subsequent
billings/payments such sum as agreed upon during contract negotiations until
fully liquidated within the duration of the contract.
10.4 Since all of these payments shall be subject to the usual government
accounting and auditing requirements, the Consulting Firm is expected to be
familiar with the Government Accounting and Auditing Manual (GAAM).
A retention payment of ten percent (10%) shall be withheld. It shall be based on the
total amount due to the Consulting Firm prior to any deduction and shall be retained
from every progress payment until fifty percent (50%) of the value of study, as
determined by NEDA, are completed. If, after fifty percent (50%) completion, the
study is satisfactorily done and on schedule, no additional retention shall be made;
otherwise, the ten percent (10%) retention shall be imposed.
The total "retention money" shall be due for release upon approval of the Final
Report. The Consulting Firm may, however, request the substitution of the retention
money for each progress billing with irrevocable standby letters of credit from a
commercial bank, bank guarantees, or surety bonds callable on demand, of amounts
equivalent to the retention money substituted for and acceptable to NEDA, provided
that the project is on schedule and is satisfactorily undertaken. Otherwise, the ten
percent (10%) retention shall be made. Said irrevocable standby letters of credit,
bank guarantees and/or surety bonds, to be posted in favor of NEDA shall be valid for
the duration of the contract.
Where the Consulting Firm refuses or fails to satisfactorily complete the work within
the specified contract time, plus any time extension duly granted and is hereby in
default under the contract, the Consulting Firm shall pay NEDA for liquidated
damages, and not by way of penalty, an amount, as provided in the conditions of
contract, equal to at least one tenth (1/10) of one (1) percent of the cost of the
unperformed portion of the works for every day of delay. Should the amount of
liquidated damages reaches fifteen percent (15%) of the contract amount, NEDA shall
at its own discretion terminate the contract without prejudice to any further action it
may take to recover whatever losses incurred due to non-performance of the
Consulting Firm.
To be entitled to such liquidated damages, NEDA does not have to prove that it has
incurred actual damages. Such amount shall be deducted from any money due or
which may become due the Consulting Firm under the contract and/or collect such
liquidated damages from the retention money or other securities posted by the
Consulting Firm whichever is convenient to NEDA.
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ANNEX A
M ONTH 1M ONTH 2 M ONTH 3 M ONTH 4 M ONTH 5 M ONTH 6 M ONTH 7 M ONTH 8 M ONTH 9M ONTH 10
ACTIVITIES
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
6 Drainage Investigation
9 Electro-Mechanical Engineering
10 Agronomic Survey
12 Economics
13 Hydrology
14 Irrigation Works
15 Watershed Study
17 Hydropower
Note: The above chart is indicative only and does not preclude the shortlisted Consulting Firms
from submitting their own Work Plan and Gantt Chart of Activities as part of their
Technical Proposal.
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ANNEX B
Criteria for Shortlisting of Consulting Firms
TOTAL SCORE
RANK
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ANNEX C
The Eligibility Statement of the Consulting Firm interested to be considered for the services
contemplated shall fill up the enclosed form in six (6) copies and shall be submitted to the
NEDA Bids and Awards Committee (NBAC).
1. Type complete name of firm, year established, country of registry if foreign, and type of
organization whether individual, proprietorship, partnership, corporation or others.
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.
4. If present firm is the successor to or outgrowth of one or more predecessor firms, type
name/s of former entity/ies and the year/s of their original establishment.
6. Indicate clearly and accurately the names of the principals of the Consulting Firm and
key personnel. This must be accompanied by the curriculum vitae showing experience,
professional affiliations and language capability of the key personnel listed.
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. Indicate the number of employees by discipline. While some personnel may be qualified
in several disciplines, each person should be countered only once in accordance with
his/her primary functions:
a. Under this item, indicate the volume of gross consultancy fees per year for the
last five years. Gross fees received may be as Prime Consultant or in association
or joint venture with consulting firms.
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.
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.
9. Indicate appropriate types of services and fields of specialization the Consulting Firm is
technically and financially qualified to undertake.
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10. This item represents the ongoing/committed consultancy projects of the Consulting Firm
and those handled in the last five years. First column represents the name of the project,
the date the project was started and how it was accomplished, i.e., as Prime Consulting
Firm or through joint venture or in association with other Consulting Firms. If it was
implemented in association with other Consulting Firms, indicate name of Consulting
Firm. Second column represents the consulting services rendered, defined as clearly as
possible. Third, column represents the Client whom the services were rendered. Indicate
the address of the Client. Last column represents the level of fee received by the
Consulting Firm as referred to under item 8c — INDEX FEE.
11. List of projects the firm has been engaged in consulting services.
NEW FIRMS (not reorganized or recently amalgamated but only established for less
than two (2) years reckoned from the date of preparation of this form) may accomplish
this form and questions on the form dealing with personnel or experience may be
answered by citing experience and capabilities of the principals and key staff of the firm
based on performance and responsibility while in the employ of others. In item 10,
representative projects of key personnel and principal offices for the last three (3) years
plus consulting services rendered by the New Firm may be indicated.
NOTE: Additional data, brochures, photos, etc. should not accompany this form unless
specifically requested.
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CONSULTANT'S ELIGIBILITY FORM DATE
SUPPORT TECHNICAL
(Indicate as in above)
ADMINISTRATIVE STAFF
Indicate type, e.g. typist)
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9) FIELDS OF SPECIALIZATION AND TYPES OF SERVICES
TYPES OF SERVICES
FIELDS OF SPECIALIZATION
ABCDE
I. Engineering
2. Architecture
3. Finance
4. Management
5. Agriculture
6. Law
7. Others (Please Specify)
10) PROJECTS HANDLED BY THE CONSULTANT FOR THE LAST FIVE YEARS
PROJECT NAME/YEAR INDEX
PRIME CONSULTANT/JOINT VENTURE SERVICE RENDERED CLIENT FEE
11) TYPICAL PROJECTS FOR WHICH CONSULTING SERVICES HAVE BEEN FURNISHED BY THE
CONSULTANT (REFERENCE SHEETS MAY BE SUBMITTED FOR AS MANY PROJECTS AS DESIRED)
DESCRIPTION OF PROJECT
DESCRIPTION OF SERVICES FIRM PROVIDED
LIST TYPES OF SERVICES FOR ASSOCIATED ASPECTS OF OVERALL PROJECTS
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ANNEX D
SUMMARY
B-1 Field Per Diems ex 1) (room costs, subsistence allowance and other
similar field expenses) (Ann
B-2 Field Travel Expenses (airplane fare, vehicle rental, airport fees and
taxi fare) (Annex 2)
B-3 Other Costs (Annex 3) (office equipment and furniture, office running cost
such as office supplies, sundries/communication,
reproduction of documents, meetings, office space
and utilities)
B-4 Topographic Survey (Annex 4)
B-5 Surface to Subsurface Exploration (Annex 5)
B-6 Agro-Economic Survey (Annex 6)
B-7 Soil and Land Use Survey (Annex 6)
B-8 Environment Investigation (Annex 6)
B-9 Contingencies
PREPARED BY:
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