Supply and Delivery of Goods - Manpower Services - NSPO

INVITATION TO BID FOR SUPPLY AND DELIVERY OF MANPOWER SERVICES

1) The Department Trade and Industry, Regional Office No. 8, through the 2027 National Expenditure Program (NEP) intends to apply the sum of

Lot Qty Unit Item Description Approved Budget for the Contract Northern Samar Provincial Office P7,089,247.68 MS-27 008

1 personnel Driver

1 personnel Janitor

5 Personnel Data Encoders (Clerical Aides)

22 personnel Negosyo Center (NC) Technical Support Staff

TERMS OF REFERENCE:

PROCUREMENT OF INSTITUTIONAL CONTRACT OF SERVICE FOR SUPPORT SERVICES (JANITORS, DRIVERS, DATA ENCODERS AND NEGOSYO CENTER TECHNCAL SUPPORT STAFF)

1. SCOPE OF REQUIREMENTS The Department of Trade and Industry (DTI) Northern Samar Provincial Office intends to procure institutional Contract of Service (COS) support services from a duly qualified and legally compliant contractor or service provider. The services shall consist of the provision of janitorial, driving, data encoding, and other support services necessary or incidental to the day-to-day operations of DTI Northern Samar Provincial Office and the Negosyo Centers located in the LGUs. The engagement shall be for the performance of a defined scope of support services under a lump-sum institutional COS arrangement. The Contractor or Service Provider shall provide the required personnel, supervision, administration, and other resources necessary to perform the contracted services in accordance with this Terms of Reference, the contract, applicable procurement laws and regulations, and relevant budgeting, accounting, auditing, labor and social legislation. 12 The engagement shall not be construed as the hiring of individual COS or Job Order (JO) workers by DTI Northern Samar Provincial Office. The workers assigned under this institutional COS shall remain employees of the contractor or service provider. The institutional COS shall be procured subject to the provisions of Republic Act No. 12009, otherwise known as the New Government Procurement Act, its Implementing Rules and Regulations, and applicable budgeting, accounting, and auditing rules and regulations, as recognized under CSC-COA-DBM Joint Circular No. 1, s 2025.

2. ELIGIBILITY AND DOCUMENTARY REQUIREMENTS The Contractor or Service Provider shall submit copies of valid and relevant documents as proof of compliance with the following requirements: a) Duly registered with the Department of Labor and Employment; b) Duly registered with the Bureau of Internal Revenue; c) For sole proprietorship, duly registered with the Department of Trade and Industry; d) For corporations and partnerships, duly registered with the Securities and Exchange Commission; and e) Must be an active employer registered with the following agencies: 1. Social Security System (SSS) 2. Home Development Mutual Fund (Pag-IBIG Fund); and 3. Philippine Health Insurance Corporation (PhilHealth) f) Must have satisfactorily delivered similar services within the last three (3) years (Statement of Single Largest Completed Contract of at least 50% of the ABC). g) Notarized Omnibus Sworn Statement (OSS) supported with Notarized Secretary’s Certificate in case of a corporation or cooperative. The Secretary’s Certificate must explicitly state the authority of the signatory to sign the bid documents. In the case of a partnership or single proprietorship, the bidder shall submit a Special Power of Attorney (SPA) executed by the partners or sole proprietor, as the case may be, only if the person signing the eligibility documents is not the owner, sole proprietor, or partner himself/herself. The Contractor shall maintain the validity of all permits, registrations, licenses and clearances throughout the contract periods. Any suspension, cancellation, expiration, or non-renewal that legally prevents the Contractor from performing the services shall be reported immediately to DTI Northern Samar Provincial Office and may constitute a ground for appropriate contractual remedies, subject to applicable laws and procurement regulations.

3. NATURE OF THE INSTITUTIONAL COS ARRANGEMENT 3.1 The Contractor shall provide a defined and complete support service, including the necessary personnel, supervision, administration and management required for its proper performance. 3.2 The Contractor shall carry on an independent business and shall perform the contracted services under its own responsibility, subject to DTI Samar Northern Provincial Office’s authority to determine and inspect the required results, service standards, schedules and deliverables. 3.3 The Contractor shall remain responsible for: a) Recruiting, hiring, assigning, replacing, disciplining and when warranted, terminating its personnel; b) Payment of salaries, wages, compensation and lawful benefits; c) Remittance of mandatory contributions and other obligations under labor and social legislation; d) Supervision and administration of its personnel; e) Issuance and enforcement of its personnel policies and rules of conduct; and f) Compliance with all applicable labor, occupational safety and health, social security, tax and other laws and regulations. Workers hired through the institutional COS shall remain employees of the Contractor or Service Provider. The Contractor shall provide the workers with compensation and benefits compliant with existing labor laws, including the necessary social security and other benefits mandated by law. 3.4 DTI Northern Samar Provincial Office reserves the right to communicate service requirements, performance standards, security requirements and legitimate operational concerns to the contractor’s designated representative. Such communication shall not constitute the selection, engagement, payment, dismissal, discipline, or direct supervision of the Contractor’s personnel by DTI Northern Samar Provincial Office. 3.5 The Contractor shall perform the services through its own personnel, management, supervision, tools, equipment and resources, as necessary for the proper performance of the Contract. The Contractor shall not merely supply workers to DTI Northern Samar Provincial Office without undertaking responsibility for the contracted services and exercising control over the performance of its employees.

4. REQUIRED PERSONNEL AND SERVICE FUNCTIONS 4.1 The Contractor shall provide the number and categories of personnel stated in the approved manpower composition and contract. 13 4.2 The Contractor shall have primary responsibility for the recruitment, hiring, assignment, deployment, supervision, evaluation, discipline and replacement of personnel. 4.3 DTI Northern Samar Provincial Office shall coordinate with the Contractor regarding the service qualifications, security requirement, work schedules and operational needs of the Office. Any participation by DTI Northern Samar Provincial Office shall not transfer to DTI the Contractor’s employer responsibilities. 4.4 The Contractor shall ensure that all assigned personnel are efficient, dependable, honest, of good moral character, well-groomed, courteous, physically fit and qualified to perform their assigned functions. 4.5 Before deployment, the Contractor shall ensure that each assigned personnel have, as applicable: a) Employment contract with the Contractor; b) Valid NBI Clearance; c) Medical clearance; d) Drug-test result to prove personnel is free or negative from methamphetamine hydrochloride (shabu) and cannabis; e) Proof of qualifications appropriate to the assigned function; and f) Such other documents reasonably required for security, safety and lawful performance of the services. 4.6 No apprenticeship shall be allowed. 4.7 The Procuring Entity shall monitor the performance of all personnel on detail within the premises of all DTI Northern Samar Provincial Office offices’ buildings and decide not only on any and all questions which may arise as to the quality and acceptability of the service rendered, but also on the capability, competence and readiness to perform their duties. Such monitoring shall be directed toward the contracted services and their results and shall not constitute hiring, direct supervision, discipline, dismissal, or control by DTI Northern Samar Provincial Office of the Contractor’s personnel as to the manner and means of performing their work. The Contractor shall retain responsibility for the supervision, administration, discipline and management of its personnel. 4.8 The Contractor’s Operations Managers or duly authorized representative shall visit the DTI Northern Samar Provincial Office every fifth (5th) working day of the month for coordination meeting with the appropriate office or authorized representative of DTI Northern Samar Provincial Office. 14 15 The coordination meeting shall cover, among others, the status and quality of the contracted services, deployment and attendance concerns, service deficiencies, safety and security matters, complaints, required corrective measures and other matters relating to the implementation of the Contract. The Operations Manager shall be responsible for receiving and acting upon service-related instructions, reports and concerns communicated by DTI Northern Samar Provincial Office. 4.9 The Contractor shall furnish DTI Northern Samar Provincial Office with a copy of the duly executed employment contract of each employee. 4.10 The DTI Northern Samar Provincial Office reserves the right to demand the immediate replacement of any personnel employed by the Contractor who may be found wanting in competence, honesty, integrity or whose continued employment may be deemed prejudicial to the legitimate interest, security or operations of DTI. However, this shall not authorize DTI Northern Samar Provincial Office to directly dismiss, discipline, suspend or terminate the Contractor’s personnel. The discipline of workers under institutional COS shall be the responsibility of the Contractor. DTI Northern Samar Provincial Office may report to the Contractor any misconduct or wrongdoing of the Contractor’s personnel. 4.11 The Contractor shall provide a qualified replacement within a reasonable period when a deployed worker is absent, separated from employment, reassigned, suspended or otherwise unable to perform the contracted service. 4.12 The number of personnel provided should be fully utilized as stated in the manpower composition. The Contractor shall not increase the number of personnel beyond the approved manpower composition unless authorized in writing by DTI Northern Samar Provincial Office and allowed under applicable procurement, budgeting, accounting and auditing rules and regulations. 4.13 Upon the request of the DTI Northern Samar Provincial Office, the Contractor shall provide additional manpower in case of special projects and/or events chargeable against the account of DTI. The billing of the occasional manpower should be separated from the regular billing.

5. CONSIDERATION OF EXISTING COS AND JO WORKERS 5.1 DTI Northern Samar Provincial Office shall consider its existing qualified COS and JO workers for appointment to vacant regular positions subject to the applicable civil service laws, rules and regulations, the qualifications standards for the position and DTI’s CSC-approved Merit Selection Plan. The selection and appointment process shall observe equal opportunity 16 and non-discrimination, pursuant to CSC-COA-DBM Joint Circular No. 1, s 2025. 5.2 DTI Northern Samar Provincial Office shall also consider its existing COS and JO workers in preparing its Optimization Plan under Republic Act 12231, or the Government Optimization Act. The Plan may include additional plantilla positions for qualified COS and JO workers subject to the applicable cap or quota, civil service rules, qualification standards and DTI’s CSC-approved Merit Selection Plan. 5.3 The consideration provided in this Section does not guarantee appointment or hiring and does not waive the applicable qualification standards, selection procedures, civil service rules or DTI’s Merit Selection Plan. 5.4 The Contractor shall include in its recruitment and hiring process a provision that existing qualified COS and JO workers of DTI Northern Samar Provincial Office shall be considered for the support-services positions covered by this Contract. 5.5 However, this Section shall not: a) Guarantee the appointment or hiring of any COS or JO worker; b) Waive the applicable qualification standards or selection requirements; c) Create an employer-employee relationship between DTI Northern Samar Provincial Office and the Contractor’s personnel; or d) Authorize the Contractor’s personnel to perform functions of DTI Northern Samar Provincial Office’s regular employees or to exercise control or supervision over them.

6. SCHEDULE AND PROGRAM SERVICES 6.1 The Contractor shall ensure that its personnel render a total of forty (40) working hours per week, exclusive of meal periods, subject to applicable labor laws, the Contractor’s employment policies and the operational requirements of DTI Northern Samar Provincial Office. 6.2 As the initial work schedule, the personnel shall render services from Monday to Thursday, from 7:00 a.m. to 6:00 p.m., inclusive of a one- hour meal period each day. This schedule represents ten (10) working hours per day, or a total of forty (40) working hours per week, exclusive of meal periods. However, for Data Encoders assigned as Negosyo Center Technical Support Staff (NCTSS), the work schedule shall follow the official operating schedule of the concerned Local Government Unit (LGU) where the personnel is stationed. If the concerned LGU operates from Monday to Friday, the Contractor’s personnel assigned to that Negosyo Center shall follow the Monday to Friday schedule. The schedule shall nevertheless be arranged to provide a total of forty (40) working hours per week, exclusive of meal periods, unless a shorter period 17 or a different arrangement is required or authorized by applicable law, government issuance or the lawful operating schedule of the concerned LGU. 6.3 DTI Northern Samar Provincial Office and the Contractor may adjust the workdays, work hours, shifts or deployment schedule when necessary because of operational requirements, public service needs, holidays, work suspensions or other lawful circumstances. Any adjustment shall be agreed upon in writing by DTI Northern Samar Provincial Office and the Contractor, provided, that the adjustment will not result in more than forty (40) working hours per week under the agreed regular schedule, and will not diminish the personnel’s lawful wages, benefits, rest periods or other rights under applicable labor laws. 6.4 The work schedule, shift, service location, number of personnel and names of the deployed personnel shall be agreed upon between DTI Northern Samar Provincial Office and the Contractor. 6.5 The Contractor shall ensure that its personnel render the required service hours. The Contractor shall likewise maintain accurate daily time records or equivalent attendance records showing the actual hours rendered. 6.6 Services beyond the regular working hours, or on rest days, holidays or non-working days shall be rendered only when necessary, duly authorized by DTI Northern Samar Provincial Office and accepted by the Contractor. 6.7 DTI Northern Samar Provincial Office shall not require the Contractor’s personnel to render overtime services without the Contractor’s knowledge and approval. 6.8 Subject to the availability of funds and pursuant to Joint Circular No. 1, Series of 2025, issued by the Civil Service Commission, Commission on Audit, and Department of Budget and Management, the following ancillary benefits may be granted to the Contractor’s deployed workers: a) For official local travel, actual and necessary travel expenses incurred in the performance of official duties shall be reimbursed directly to the workers, in accordance with Executive Order No. 77, Series of 2019, and other applicable budgeting, accounting, and auditing rules and regulations. b) For overtime services, the Contractor may bill overtime services rendered by the deployed workers, provided that such overtime work is duly authorized by the Department of Trade and Industry (DTI). Claims for overtime shall be supported by the corresponding Authority to Render Overtime issued by DTI and the Daily Time Records (DTRs) of the concerned workers, reflecting the actual overtime hours rendered. Billing and payment of overtime services shall be subject to applicable budgeting, accounting, and auditing rules and regulations.

7. WARRANTY 18 7.1. The Contractor shall have the necessary permit or license to operate and perform its undertakings and it agrees and obligates itself to comply with all rules and regulations which are or maybe issued by government authorities. Failure to renew its license for whatever reasons shall constitute as a ground for the DTI Northern Samar Provincial Office to terminate the Contract. 7.2. The Contractor shall warrant that it has the technical expertise, experience, manpower complement, tools, and materials necessary to comply with its obligations under the Contract. 7.3. Contractor warrants that it has not given or promised to give money or gifts to any official or employee of the DTI Northern Samar Provincial Office to secure this Contract. Any violation of this warranty or any provision contained herein shall be sufficient ground for the DTI to revoke or cancel the Contract without the necessity of judicial intervention.

8. TERMS AND CONDITIONS The requirements shall be for a period of One (1) year. Likewise, notwithstanding any provisions to the contrary, the DTI Northern Samar Provincial Office shall have the right, power and privilege to extend or terminate the services of the Contactor for a valid cause whatsoever without need of judicial action by giving thirty (30) calendar days prior Written Notice to that effect to the Contractor, which hereby agrees by the decision of the DTI Northern Samar Provincial Office.

9. CONTRACT PRICE 9.1 The DTI Northern Samar Provincial Office shall pay to the Contractor the amount described in the bid document which is made an integral part hereof. 9.2 The Contract Price shall not be increased during the effectivity of this Contract unless in compliance with law or any applicable decree that is due to wage increase. 9.3 The administrative cost specified in the submitted bid proposal shall remain constant during contract duration, which means there shall be no increase in the said administrative cost even if a new wage order is effected during contract duration. 9.4 The stipulated Contract Price shall be proportionately reduced in the event that the Contractor fails to provide and assign the required number of personnel specified herein. 9.5 The reduction in Contract Fee for the period will be the wage/salary rate of absent personnel. 9.6 The Contractor shall pay its personnel a basic wage not lower than the rate specified in Contract of Service 2027 Wage Computation – Annex A. This wage is a mandatory contractual floor. In the event of a new statutory Wage Order, the Contractor must adjust the pay upward, if the legal minimum exceeds the rates in the Table; however, the Contractor shall 19 never pay below the rates set in the Table regardless of the prevailing statutory minimum. 9.7 In compliance with the existing labor regulations, the Administrative Cost allocated by the Contractor shall not be lower than ten percent (10%) of the total contract cost.

10. TERMS OF PAYMENT 10.1 Payment shall be made on a monthly basis. 10.2 Prior to release of the monthly payment, the Contractor shall submit the following documents: a) An affidavit that the salaries and allowances of its personnel in the DTI 8 for that period being collected had been paid in accordance with all existing labor laws. b) A certified true copy of the Official Receipt and the remittance list representing payment for the monthly/quarterly for premium payments and loan remittances of SSS, Pag-ibig and Philhealth. c) A copy of Payroll and Pay-slips duly signed by its Support Services personnel. d) The monthly billing shall be submitted to the DTI Northern Samar Provincial Office every fifth (5th) working day of the following month. e) All payments shall be subject to existing accounting and auditing rules and regulations.

11. EMPLOYEE-EMPLOYER RELATIONSHIP 11.1 It is expressly understood and acknowledged that this Contract shall not in any way be construed as creating/establishing an employer-employee relationship between the Contractor and the DTI Samar Provincial Office nor between DTI Northern Samar Provincial Office and the personnel assigned by the Contractor in this project. 11.2 The DTI Northern Samar Provincial Office shall not in any way be held liable and/or responsible for any personnel assigned and contracted in this project, except for such injury, death or damage caused by willful act, negligence or fault, of the DTI Northern Samar Provincial Office, its officers or employees in which case, he/she/they will be directly and personally be liable and/or accountable therefore. Further, the Contractor shall be solely liable or responsible for the enforcement of and compliance with all existing laws and rules particularly with respect to the Labor Code of the Philippines and all other labor and social laws.

12. The Procuring Entity reserves the right to recommend to the winning bidder the retention/absorption of its existing personnel for Support Services.

13. The Procuring Entity reserves the right to add and reduce number of Support Services personnel. 20

14. The Contractor shall endeavor to adopt ATM-based payroll remittance system to its personnel.

15. ATTORNEYS FEES/LIQUIDATED DAMAGES: In the event that the Contractor fails to perform its obligation within the agreed period as specified in the terms and conditions of this Contract, the DTI Northern Samar Provincial Office shall, without prejudice to its other remedies under this Contract and other applicable laws, deduct from the Contract Price, as liquidated damages, a sum equivalent to one-tenth of one percent (0.01%) of the cost of unperformed portion of the contract per day of delay but not to exceed ten percent (10%) of the total contract price. It is understood that the damages herein provided are fixed and that the DTI Northern Samar Provincial Office shall not be required to adduced proof thereof.

16. MISCELLANEOUS PROVISION 16.1 The DTI Northern Samar Provincial Office shall monitor the performance of the Contractor and decide on all questions which may arise on the quality of the service rendered, the capability, competence and readiness of the Contractor to perform its duties. 16.2 The Contractor shall at all times, be directly responsible for the acts of conduct of the personnel under its employ, for their salaries or wages or compensation and other benefits provided for under existing and applicable labor laws. 16.3 Non-compliance with the minimum wage and other labor and social legislation shall be ground for termination of the agreement. 16.4 Any damage to the systems facilities and equipment of the DTI Northern Samar Provincial Office due to theft/pilferage or damage due to negligence directly or indirectly caused by the Contractor or its personnel shall be immediately repaired / restore / replaced by the Contractor for its account. 16.5 The Contractor shall indemnify the DTI Northern Samar Provincial Office and its personnel and other persons who might suffer physical injuries, loss or any other form of damages as a result of the Contractor’s negligence or violation of this Contract. 16.6 It is understood that failure/delay of the DTI Northern Samar Provincial Office to demand strict compliance with any and all of the terms of the Contract shall not be considered as waiver of the enforcement of its rights in connection therewith. 16.7 The Contractor agrees and obligates to finally and unconditionally abide with the decision of the DTI Northern Samar Provincial Office on the interpretation or construction of any term, condition or stipulation contained in this Contract, including its implementation. 16.8 The Contractor agrees and obligates to hold the DTI Northern Samar Provincial Office free and harmless from any and all actions, suits, damages and claims which may be brought or instituted by any party whomsoever by reasons of this Contract and/or its implementation, the non-observance or non-performance by the Contractor of its obligation 21 under any rule, regulation, ordinance or law, or any of the covenants herein stipulated. 16.9 The Contractor shall not assign or sub-contract the service or any portion thereof covered by the Contract without the written approval by the DTI Northern Samar Provincial Office. 16.10 The contractor and its personnel shall at all times comply with all the safety and security regulations of the DTI Northern Samar Provincial Office. 16.11 The Contractor shall not during the term of this Contract disclose to any third party any information as to the state of affairs or business of the DTI Northern Samar Provincial Office which has come to the knowledge of the Contractor by reasons of this Contract. 16.12 Any action between the DTI Northern Samar Provincial Office and the Contractor in connection with or relating to the Contract shall be brought to the proper courts in the Municipality of Catarman, Philippines, to the exclusion of other courts. 16.13 The Bid Documents shall form part of this Contract.

being the Approved Budget for the Contract (ABC) to payments under the contract for each lot/item. Bids received in excess of the ABC for each lot shall be automatically rejected at bid opening.

2) Delivery of the Goods is required 01 January 2027 to 31 December 2027. Bidders should have completed, at least three (3) years from the date of submission and receipt of bids, contracts 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 competitive bidding procedures using a non discretionary “pass/fail” criterion as specified in the IRR of RA No. 12009. Bidding is restricted to Filipino citizens/sole proprietorships, partnerships, or organizations with at least sixty percent (60%) interest or outstanding capital stock belonging to citizens of the Philippines, and to citizens or organizations of a country the laws or regulations of which grant similar rights or privileges to Filipino citizens, pursuant to RA No. 5183.

4)Interested Bidders may obtain further information from Department Trade and Industry, Regional Office No. 8 and inspect the Bidding Documents at the address given below from 8:00am to 5:00pm.

5) A complete set of Bidding Documents may be acquired by interested Bidders on 14 October to 04 November 2026 from the address given upon payment of the applicable fee for the Bidding Documents, pursuant to the latest Guidelines issued by the GPPB, in the amount Eight Thousand Pesos (P8,000.00). It may also be downloaded free of charge from the website of the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity, provided that Bidders shall pay the applicable fee for the Bidding Documents not later than the submission of their bids.

6) The Department Trade and Industry, Regional Office No. 8 will hold a Pre-Bid Conference at 9:AM on 22 October 2026 at the DTI 8 Conference Room, Pawing, Palo, Leyte, and/or through video conferencing via Teams, which shall be open to prospective Bidders.

7) Bids must be duly received by the Bids and Awards Committee (BAC) Secretariat through (i) manual submission at the office address indicated below, on or before 9:00AM, 04 November 2026. Late bids shall not be accepted.

8) All Bids must be accompanied by a Bid Security in any of the acceptable forms and in the amount stated in ITB Clause 16.1.

9) Bid opening shall be on 9:30AM, 04 November 2026 at DTI 8 Conference Room, Pawing, Palo, Leyte and/or via Teams. Bids will be opened in the presence of the Bidders’ representatives who choose to attend the activity.

10) . This is undertaken through Early Procurement Activity (EPA). This shall include, but not limited to the: rules and procedures of EPA, fixed rule in the procurement, extension of the bid validity and security, validity of the eligibility requirements prior to the award of contract, conditions of the award and date of the earliest delivery. GPPB Resolution NO. 14-2019 Approving the Issuance of the Circular on the Implementation of the Early Procurement Activities (EPA) and Annex “A” GPPB Circular No. 06-2019 dated 17 July 2019, Guidelines on the Implementation of Early Procurement Activities (EPA).

11) The Department Trade and Industry, Regional Office No. 8 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 704 of R.A. No. 12009, without incurring any liability to the affected Bidder or Bidders.

12) For further information, please refer to:

Janet M. Avestruz

Department of Trade and Industry - Regional Office No. 8

Pawing, 6501 Palo, Leyte

r08@dti.gov.ph

Globe  0995 502 8065

Smart  0949 942 7425

dti.gov.ph

13) You may visit the following websites:

For downloading of Bidding Documents: PhilGEPS

30 September 2026

MA. DELIA M. CORSIGA

     BAC Chairperson