Engagement of Indefinite Delivery Indefinite Quantity (IDIQ) Contract ...

PREQUALIFICATION DOCUMENT

ENGAGEMENT OF INDEFINITE DELIVERY INDEFINITE QUANTITY

(IDIQ) CONTRACT SERVICES ? CREATIVE DESIGN SERVICES

January 2020 ASIAN DEVELOPMENT BANK

6 ADB AVENUE, MANDALUYONG CITY, 1550 METRO MANILA, PHILIPPINES Tel. +63 2 8632 4444 Email: iprocurement@

This document including data shall not be disclosed outside the prospective Design, Engineering, and Construction Management Service Provider and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to prepare the application.

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INSTRUCTIONS TO APPLICANTS

PREQUALIFICATION FOR THE ENGAGEMENT OF INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) CONTRACT SERVICES ? CREATIVE DESIGN SERVICES

I. General

1. Scope of Application

1.1 The Asian Development Bank (hereinafter referred to as "ADB") wishes to receive applications for the Prequalification of highly experienced design firm to deliver Creative Design Services (CDS) such as (i) conceptual design, (ii) design development/detailed design, (iii) construction drawings, and (iv) construction administration, all in full or peer-review capacity, for ADB Headquarters and other Offices and Resident Missions throughout the Asia and Pacific Region with deliverable-based expected mode of service delivery (hereinafter referred to as the "Services").

1.2 The prequalified CDS firm shall provide ADB with the most reliable and efficient Services with the deployment of skilled personnel, appropriate tools, equipment, transportation, materials and supervision in accordance with the policies, standards and procedures established by ADB. ADB will evaluate the capacity of the applicant CDS firms in carrying out the delivery of the CDS (see Appendix 1).

1.3 The CDS will be (i) on an "as needed" basis, and (ii) performed both on- and/or offsite depending on agreed requirements of the project.

1.4 The prequalified CDS firm(s) will be invited to be part of the retainer contract, which will be based on the requirement for IDIQ services - Deliverable-based for CDS services, for an initial period of three (3) years from the commencement date of the Contract, subject to acceptance of the retainer contract's requirement, and satisfactory performance on an annual basis after the award. Engagement of nonperforming CDS firm may be pre-terminated based on the Service Level Agreement assessment and provisions in General Conditions of the Contract on Termination. ADB will require the prequalified CDS firm to provide qualified personnel, products and services necessary to perform the specific tasks/requirements indicated in the Work Performance Statement [WPS] (Appendix 1). Please note that ADB does not guarantee specific project engagements during the contract period. Please note that for IDIQ mode of requirement, the prequalified CDS firm(s) who will be awarded with the retainer contract will still go through competition with other prequalified CDS firms under the retainer pool for each project.

1.6 The Application for prequalification should be completed and submitted to ADB in accordance with the provisions contained in the "Instructions to Applicants" (ITA). It should be noted that ADB plans to offer a retainer contract with a number of "qualified" CDS firms.

2. Qualifications of the CDS Firm

2.1 To be qualified for this exercise, the CDS firm must:

i. Have the nationality of eligible country in accordance with Appendix 12: List of ADB Eligible Member Countries. A CDS firm shall be deemed to have the nationality of a country if the CDS firm is a citizen, or is constituted, or

________________________________________________________________________________________________________ Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this "Instruction to Applicants."

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incorporated, and operates in conformity with the provisions of the Laws of that country;

ii. Along with its sub-contractors, if any, have not been sanctioned nor be ineligible to enter into transactions with ADB or any other multilateral development bank or institution;

iii. Be in operation for five (5) years in any ADB member country providing CDS.

iv. Have a sound financial and credit position i.e. positive net worth.

v. Along with its sub-contractors, if any, have no pending litigations that represent more than fifty percent (50%) of its net worth.

vi. To provide deliverable-based services, need to have at least one industryrecognized certification such as ISO 9000 / 9001, or GBCI or other equivalent certifications that are relevant to CDS.

vii. International-based CDS firms must have ability to work in the Philippines, with capability to obtain the relevant work visas.

viii. Excluding ADB engagement(s), the CDS firm should have proof of three (3) deliverable based contracts for the provision of CDS relevant to the requirements of ADB (see Section 1.1 above). The contracts must be with top 100 corporation worldwide (based on a published list by a reputable organization such as Forbes, Fortune, Times. The contracts must have been delivered within the past three (3) years.

ix. Acceptance of (a) the established Range of Rates to be adopted in the implementation of the Retainer Contract, and (b) Conditions of Contract to be adopted in the implementation of the CDS Contract.

x. Must pass all technical competence requirements in the prequalification document.

xi. Past performance of services at ADB (if applicable) or on ADB funded projects (if applicable) will be taken into consideration as part of the Pre-qualification evaluation.

2.2 ADB's Anticorruption Policy requires borrowers (including beneficiaries of ADBfinanced activity), as well as CDS firms, suppliers, and Contractors under ADBfinanced Contracts, to observe the highest standard of ethics during the procurement and execution of such Contracts. In pursuance of this policy, ADB:

i. defines, for the purposes of this provision, the terms set forth below as follows:

a. "corrupt practice" means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party;

b. "fraudulent practice" means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

c. "coercive practice" means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

d. "collusive practice" means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party;

________________________________________________________________________________________________________ Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this "Instruction to Applicants."

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ii. will reject a proposal for award if it determines that the CDS firm recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract;

iii. will sanction a party or its successor, including declaring ineligible, either indefinitely or for a stated period of time, to participate in ADB-financed activities if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in executing, an ADB-financed Contract, the sanction of which will include but not be limited to the forfeiture of the performance security, depending on what stage of the project when collusion was discovered; and

iv. will have the right to inspect the accounts and records of the CDS firm relating to the performance of the Contract and to have them audited by auditors appointed by ADB.

2.3 Penalties on Collusion by Bidders

i. If any Bidder is found to have colluded with other Bidders to fix the Financial rates prior to award of Contract, the Applicant shall be disqualified to bid for any future projects of ADB.

ii. If the collusion with other Applicants/Bidders to fix the Financial rates is discovered after award of Contract, ADB has the right to impose the following penalties on the Successful Applicant/Bidder:

a. The Contract shall be terminated by ADB immediately; and

b. In addition, the Successful Applicant/Bidder shall be disqualified to Bid for any future projects of ADB.

2.4 ADB considers a conflict of interest to be a situation in which a party has interests that could improperly influence that party's performance of official duties or responsibilities, Contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited practice under ADB's Anticorruption Policy. In pursuance of ADB's Anticorruption Policy's requirement that Borrowers (including beneficiaries of Bankfinanced activity), as well as CDS firms, suppliers, and Contractors under Bankfinanced Contracts, observe the highest standard of ethics. ADB will take appropriate actions, which include not financing of the Contract, if it determines that a conflict of interest has flawed the integrity of any procurement process. Consequently, all CDS firms found to have a conflict of interest shall be disqualified. A CDS firm may be considered to be in a conflict of interest with one or more parties in this prequalification process if, including but not limited to:

i. they have controlling partners in common; or

ii. they receive or have received any direct or indirect subsidy from any of them; or

iii. they have the same legal representative for purposes of this Application; or

iv. they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the application of another CDS firms, or influence the decisions of the ADB regarding this prequalification process; or

v. a CDS firm participates in more than one application in this prequalification process. Participation by a CDS firm in more than one application will result in the disqualification of all applications in which it is involved. However, this does not limit the inclusion of the same CDS firm, not otherwise participating as a CDS firm, in more than one application; or

________________________________________________________________________________________________________ Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this "Instruction to Applicants."

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vi. a CDS firm participates as a consultant in preparing the design or technical specifications of the goods and related services or works that are the subject of an application.

2.5 Prior to engagement, the CDS firm shall register in Supplier Information Management (SIM) System. ADB representative will send the registration link to the CDS firms.

2.6 In relation to SIM System registration, the CDS firm should prepare the following business documents:

i. Copy of the Business Registration Certificate

ii. Complete copy of the Articles of Incorporation and/or Memorandum of Association indicating nature of business and officers of the firm

iii. Complete copy of the audited financial reports for 2015 - 2018, including the notes to the financial statements

2.7 For inquiries on SIM System, please email ipcontracts@.

2.8 The invitation to register in the SIM System does not entail any commitment on the part of ADB, either financial or otherwise. Likewise, the approval of registration in the SIM System is neither a commitment nor an offer or guarantee from ADB to award any contract.

2.9 ADB reserves the right to request details of substantive beneficial ownership of any Applicant. A failure to provide such information may result in the application being rejected.

3. Eligible Goods and Related Services

3.1 All goods and related services to be supplied under the Contract and financed by ADB shall have as their country of origin an eligible country of ADB (Appendix 12, List of ADB Eligible Member Countries).

3.2 For purposes of this Clause, the term "goods" includes commodities, raw material, machinery, equipment and industrial plants, and "related services" include services such as insurance, installation, training, and initial maintenance.

3.3 The term "country of origin" means the country where the goods have been mined, grown, cultivated, produced, manufactured, or processed; or through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its imported components.

3.4 The nationality of the firm that produces, assembles, distributes, or sells the goods shall not determine their origin.

4. Procedure

4.1 Each CDS firm shall submit only one application either by itself or as a partner in a joint venture. A CDS firm who submits or participates in more than one prequalification process will be disqualified. CDS firms are expected to submit their applications in its best form.

4.2 The Applications to Prequalify are evaluated by ADB to determine technical compliance of the CDS firms. No amendments or changes to the Applications to Prequalify are permitted.

________________________________________________________________________________________________________ Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this "Instruction to Applicants."

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