National Labor Relations Commission Tender

Description Terms Of Reference Procurement Of Security Services For Fy 2024 I.purpose The National Labor Relations Commission (nlrc) Desires To Engage The Services Of A Security Agency For The Provision Of Security Services In The Nlrc Regional Arbitration Branch Iv Calamba City Located At 3rd And 4th Floors Hectan Penthouse, Chipeco Ave., Brgy. Halang, Calamba City For A Period Of One (1) Year. Ii.general Conditions A.the Responsibilities Of The Security Agency (agency For Brevity) Shall Be, As Follows: 1.the Agency Shall Provide The Nlrc With Security Services And For This Purpose Shall Assign Guards Who Will Secure And Protect The Nlrc’s Property From Theft, Arson, Pilferage, Trespass, Robbery, Destruction Or Damage And Other Unlawful Acts By Strangers Or Third Persons, Maintain Peace And Order In And Around The Nlrc’s Premises, Protect Its Officials, Employees, Visitors And Guests From Assault, Harassment, Threat Or Intimidation, And Other Criminal Acts, And Enforce/implement Rules, Policies And Regulations Of The Nlrc Aimed At Maintaining Security And Safety At Its Premises. 2.the Agency Shall Implement Health Protocols And Standards On Workplace Prevention And Control Of Covid-19 Virus As Stipulated In The Workplace Handbook/guidelines On Covid-19 Management And Prevention Prepared By The Department Of Health (doh) And Department Of Labor And Employment (dole) And Nlrc Issuances Related Thereto. 3.the Agency Shall Implement Standard Operating Procedure During, Before And After Calamities And Other Emergencies Like Earthquake, Fire, Flood And Others As Stipulated In Nlrc Service Continuity Plan And Basic Occupational Safety And Health Standards. 4.documents Or Logbooks Maintained By The Agency Containing Matters Involving Security Concerns, Such As But Not Limited To Entries Regarding The Date And Time Of Arrival And Departure Of Nlrc Officials In The Nlrc Premises Shall Not Be Disclosed To Any Person, Government Official Or Entity, Unless Previously Authorized By The Chairman Of Nlrc Or His/her Duly Authorized Representative. Any Violation Of This Rule Shall Automatically Result In The Cancellation Of The Service Contract. 5.the Agency Will Assign At The Nlrc One (1) Qualified, Competent, Uniformed, Armed And Bonded With Valid License To Exercise Security Profession Security Guards In Accordance With R.a. 11917 As Well As Other Related Laws And Regulations With The Following Qualifications, Among Others To Wit: A.filipino Citizen; B.for Security Guards: at Least High School Graduate And at Least One (1) Year Of Security Job Experience. C.for Detachment Commander/officer-in-charge: graduate Of Criminology Or Related Courses; certified Security Professionals; And two (2) Years Of Relevant Supervisory Experience. D.physically And Mentally Fit, Of Legal Age But Not More Than 60 Years Old, Slim Or Medium Built Both For Male And Female Guards; E.must Have Passed And Undergone Regular Security Service Training, A Neuro-psychiatric Examination And Drug Test; F.must Be Of Good Moral Character, Duly Licensed And Trained By Pnp Properly Screened And Cleared By The N.b.i., Police And Government Offices Issuing Clearances For Employment And Without Previous Record Of Any Conviction Of A Criminal Offense Involving Moral Turpitude; G.security Guards Are Have Attended Training On First Aid Basic Course And Disaster Preparedness. Certificate To This Effect Shall Be Submitted To Nlrc Prior The Issuance Of Notice To Proceed. 6.the Agency Shall Provide The Guard Assigned To The Nlrc The Necessary Valid Licensed Firearms And Ammunitions To The Guards Assigned To The Nlrc As Well As Communication Equipment And Other Security Equipment Which May Include Service Vehicle In Times Of Emergency And Calamities And Shall See To It That When On Duty: A.prescribed Basic Uniform, Which Includes: A.night Stick/baton/truncheon B.whistle C.flashlight D.medicine Kit E.tear Gas F.tickler B.metal Detector/walk-thru Metal Detector, At The Main Entrance, Ground Floor Lobby. C.cctv And Security Camera At The Identified Strategic Area D.communication Equipment For Each Guard On Duty E.security Reflector Vest For Security Guard May Be Assigned At The Drop-off And Parking Area F.in Time Of Pandemic, To Avert Spread Of Virus: * Face Mask * Alcohol Or Sanitizer * Other Ppes As May Be Required From Time To Time G.at Least Two Sets Of Complete Uniforms, With All The Necessary Patches To All Security Guards. 7.the Agency Shall Establish A Security Force Consisting Of One (1) Personnel Who Shall Render Twelve (12) Hours Work Per Day Including Saturdays And Sundays And Holidays. The Number Of Security Guard May Be Increased Or Decreased Depending Upon The Exigencies Of The Service Or The Need Of The Security Situation At The Post As May Be Determined By The Nlrc Based On The Rates Per Shift As Shown In The Approved Budget For The Contract. A.the Detailed Guard Posting For Fy 2024 Is Contained In Annex ”a”. This Schedule Can Be Adjusted At The Sound Discretion Of The Chairperson Of The Commission. B.the Detailed Duties And Responsibilities Of The Agency’s Head Office And Security Force To Be Deployed To The Nlrc Shall Include, But Not Limited To, The Following: I.agency Head Office B.coordinate With The Nlrc Management For Any Matter Relative To The Implementation Of The Terms Of The Service Contract; C.provide Guidance And Extend Managerial Support To The Officer-in-charge/ Security-in-charge; D.monitor The Daily Operations Of The Security Guards; And E.provide Necessary Assistance To All Security Guards. Ii. Security-in-charge A.act As Liaison Between The Nlrc Management And The Agency; B.exercise Supervision And Responsibility Over All The Members Of The Security Group; C.lead In The Implementation Of All Nlrc Rules And Regulations On Security Matters; D.monitor The Performance Of, And Exercise Administrative Supervision Over, All Members Of The Security Group; E.submit Incident Report/s And Recommendation/s For Disciplinary Action/s To Be Imposed On Any Erring Member Of The Security Group; F.submit Monthly Security Report; G.provide Nlrc Management With A Monthly Guard Detail Order; H.propose Necessary Security Measures To The Nlrc Management For Improvement Of Security Within The Premises; I.facilitate The Regular Conduct Of Continuing Information And Education Of The Security Group; J.before The Start Of Office Hours, Inspect All Areas For Any Signs Of Forced Entry; K.submit Incident Reports For Any Untoward Incidents That May Result To Threat Or Risk Against The Security And Safety Of Nlrc Personnel, Stakeholders And Property, And, L.perform Other Duties As May Be Assigned By The Nlrc Or The Security Agency. Iii.guards At Main Lobby/entrance For Nlrc Stakeholders A.enforce A System Of Personnel And Client/visitor Identification; B.with Utmost Courtesy, Conduct Body Scan By Metal Detector, Rigid Inspection Of All Hand Carry Bags, Backpacks Of Clients/visitors Upon Entry At The Main Lobby Of The Building; C.enforce The Policy Of Depositing All Deadly Sharp Objects, Firearms, Big/huge Bag (except For Hand Carry Bag, Body Bag, Waist Bag Containing Personal Belongings, Cellular Phones, Wallets And Other Valuables And Documents) Backpacks Or Baggage At The Counter Of The Entrance Lobby. D.maintain A Registration Records For Client/visitor Which Contains The Records Of Their Entry And Exit From The Nlrc Premises; E.issue A Color-coded Visitor’s Pass To All Clients/visitors Of Nlrc Upon Deposit Of A Government-issued Id; F.ensure An Orderly Foot Traffic And Lineup Of Nlrc Stakeholders At The Counter And Main Entrance/exit; G.prevent Any Unlawful Act Which May Be Committed Against All Nlrc Officials And Employees, Clients And Visitors; And, H.perform Related Inherent Duties And Responsibilities Of The Security Guard To Respond To Emergency Situation, I.e. Rallies And Demonstrations Of Labor Unions On The Labor Cases Pending Before The Commission. Iv. Building Guard A.enforce A System Of Personnel Identification And Client/visitor Color-coded Identification; B.maintain An Logbook For Nlrc Personnel Which Contains The Records Of Their Entry Into And Exit From The Premises; C.watch, Safeguard, And Protect Nlrc Property From Any Form Of Loss, Destruction, Or Damage Within The Area Of Assignment; D.prevent Any Unlawful Act Which May Be Committed Against All Nlrc Officials And Employees, Clients And Visitors; And E.inspect The Assigned Area From Time To Time To Ensure Peace And Order Thereat; F.assist In The Implementation Of Nlrc Rules And Regulations; G.monitor And Log/record The Names Of All Nlrc Officials And Employees Who Work Beyond Office Hours And The Exact Time When They Leave The Premises; H. Routine Inspection At Night Time Of The Premises Of The Nlrc To Ensure That Entry/exit Doors Are Locked/secured, Electrically Operated Office Equipment Are Unplugged, And Lights Are Switched Off Before Leaving The Office For Off Duty. V.roving Security Guard A.monitor And Log/record The Names Of All Nlrc Officials And Employees Who Work Beyond Office Hours And The Exact Time When They Leave The Premises; B.from Time To Time Check The Nlrc Premises For Any Unauthorized Intrusion; C.check If The Security Guards Posted Are Present In Their Designated Area Of Posting; D.submit Incident Report Of Any Untoward Incident Which May Have Caused Threat To Life, Chaos, Theft Or Any Acts That Constitute Breach Of The Security Of Nlrc Personnel, Clients And Properties; And E.perform The Duties And Responsibilities Of The Posted Guards In Areas Where Their Services Are Necessary. 8.it Is Expressly Understood And Agreed That The Agency Is Not An Agent Or Employee Of The Nlrc And The Guards To Be Assigned By The Agency To The Nlrc Are In No Case Employees Of The Latter As They Are For All Intents And Purposes Under Contract With The Agency. Accordingly, The Nlrc Shall Not Be Responsible For Any And All Claims For Personal Injury Or Damage, Including Death, Caused Either To Any Of The Guards Or Any Third Person Where Such Injury Or Death Arises Out Of, Or In The Course Of, The Lawful Performance Of Security Functions Of Said Guards. 9.the Agency Shall Comply With All Existing Labor Laws I.e., Minimum Wage, 13th Month Pay, Service Incentive Leave With Pay, Sss, Philhealth, Ec, Pag-ibig Premium Contributions, Retirement Pay, Retirement Trust Fund And Other Mandatory Benefits As Provided By Law. In Addition To The Required Sworn Certification Under The Third (3rd) Paragraph Of Item Ii.b.1, The Agency Shall Submit A Monthly Payroll Including Copies Of Dtrs And Summary Of Attendance As Proof Of Compliance That Their Employees Assigned To The Nlrc Have Received Or Have Been Receiving Their Wages And Other Emoluments As Mandated By Existing Labor Standard Laws And Social Legislations. Failure On The Part Of The Agency To Submit The Required Sworn Certification And Monthly Payroll, Shall Authorize The Nlrc To Make Direct Payment Of Wages And Other Emoluments To The Concerned Employees For Services Actually Rendered. 10.the Agency Shall Likewise Submit A Sworn Certification/proof That It Has Complied With Department Order No. 150, Series Of 2016 Establishing A Retirement Trust Fund In The Name For And In Behalf Of The Security Guards Callable Upon Demand By The Concerned Security Guard. Failure On The Part Of The Agency To Submit The Required Sworn Certification Shall Authorize The Nlrc To Pre-terminate The Contract. 11.the Agency Shall Guarantee Payment To The Nlrc, Of Any Loss Of Or Damage To Its Property Provided The Same Occurred Within The Jurisdiction Of The Agency Or Its Guards, And It Has Been Duly Established After Due Investigation That Said Loss Or Damage Was Due To The Negligence Or Fault Of The Agency Or Its Guards. Provided, Further That Such Loss, Pilferage, Breakage Or Damage On The Properties Involved Is Reported In Writing To The Agency Within Seven (7) Working Days From Occurrence Or Discovery Thereof. When Such Loss Or Damage Is Caused By Force Majeure Or Fortuitous Event, The Agency Shall Not In Anyway Be Held Responsible. In The Event The Agency Is Made To Pay For Such Loss Or Damage, It Shall Be Subrogated To The Rights Of The Nlrc Against The Party Or Parties Responsible For Such Loss Or Damage. 12.the Agency Shall Post A Performance Security In An Amount Equivalent To 10% Of Cash, Cashier’s/manager’s Check, Bank Draft/irrevocable Letter Of Credit Issued By A Universal Or Commercial Bank, Or 50% If Surety Bond Of The Total Contract Price To Guarantee The Payment Of Wages, Salaries Or Compensation Of Its Security Guards And Also For The Faithful Compliance With The Terms And Conditions And Provision Of The Contract. It Is Also Understood And Agreed That Performance Bond Set Up By The Agency Shall Subsist Until The Expiration Of The Contract And Shall Be Answerable For Whatever Losses And/or Damages That The Nlrc Or Any Of Its Officials And Employees May Incur Or Suffer. 13.the Agency Should Be Financially Capable; It Must Have Sufficient Current/liquid Assets To Shoulder Its Current Liabilities Particularly The Payment Of Salaries And Benefits For At Least Two (2) Months Of Their Deployed Guards To Nlrc. The Administrative Cost And Profit Margin Of The Agency Should Not Be Less Than The Amount Provided By Dole Department Order Or Other Issuances And Must Be Able To Provide The Salaries And Benefits Of The Security Guards As These Fall Due. 14.the Service Agency Shall Submit Brief Profile Of The Security Guards To Be Deployed To The Nlrc Upon Receipt Of Notice To Proceed. 15.the Responsibilities Of Nlrc Shall Be As Follows: A.the Nlrc Shall Pay The Security Services On A Semi-monthly Basis For One (1) Guard Based On The Submitted Financial Bid Compliant To The Approved Budget For The Contract Of Security Services For One (1) Year As Shown In Annex “a”. The Total Monthly Due Shall Be Payable Semi-monthly In Full Not Later Than The 15th And 30th Day Or Last Calendar Day Of The Reference Month For One (1) Security Guard Less Any Amount That Shall Correspond To Short Manpower Services Or Short Working Periods. The Nlrc Shall Pay The Agency Not Later Than The 15th And 30th Or Last Calendar Day Of The Following Month Based On The Billing Statement Which Should Be Submitted To The Nlrc Not Later Than The 7th And 21st Day Of Each Month For The Duration Of The Contract. It Is Understood That Upon Presentation Of The Corresponding Bill Thereof, A Sworn Certification Shall Be Submitted To Nlrc Citing That The Wages Of The Security Guards Including Other Emoluments And/or Allowances Due Them For The Preceding Month Have All Been Paid. Copies Of Remittances To Sss, Hdmf And Philhealth Shall Also Be Provided To The Nlrc. The Bonus Of 13th Month Pay Shall Be Paid Semi-monthly By The Agency To Its Guards Simultaneous With The Payment Of Wages. B.should There Be Any Law And/or Wage Order Passed Increasing The Minimum Wage Or Requiring Additional Compensation In Any Form, The Agreed Consideration Shall Be Automatically Adjusted Pursuant To Said Law Or Wage Order. 16.in Case Of Any Violation On The Stipulations And Covenants Of The Contract By The Agency, The Nlrc Shall Automatically Rescind And/or Terminate The Same Upon Notice To The Agency Subject To The Guidelines For Termination Of Contract Provided Under Annex “i” Of The 2016 Revised Irr Of Ra 9184. The Nlrc Shall Be Entitled To The Refund Of Its Payment Including Liquidated Damages As Herein Stipulated, In Addition To What May Be Granted And/or Awarded To It In The Courts Of Law, And The Right To Unilaterally Award Or Renegotiate The Said Services To Another Agency. 17.the Performance Of The Agency Shall Be Rated Based On A Prescribed Set Of Performance Criteria On A Monthly Basis. The Nlrc May Also Conduct An Overall Annual Assessment Or Evaluation Of The Performance Of The Agency. Based On The Assessment, The Nlrc May Pre-terminate The Contract For Failure Of The Agency To Perform Its Obligations And Conform To The Standards Of The Nlrc. The Nlrc May However Renew The Contract On A Monthly Basis Up To A Maximum Duration Of Six (6) Months, Subject To Performance Evaluation And Compliance With The Revised Implementing Rules And Regulations (rirr) Of Republic Act No. 9184. 18.in Case Of Tie Among Bidders, I.e., Two Or More Of The Bidders Are Determined And Declared As The Lowest Calculated And Responsive Bidder, The Nlrc Shall Adopt The Non-discretionary/non-discriminatory Tie Breaking Method Which Is The Draw Lots Method. 19.the Bid Price To Be Submitted Shall Be Rounded Off To Two Decimal Places. (verification/evaluation Of Bids Will Be Thru Manual Computation) Iii.eligibility Of The Service Agency 1.duly Licensed Filipino Citizens/sole Proprietorships; 2.duly Registered With The Regional Office Of The Department Of Labor And Employment Where It Principally Operates; 3.partnership Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Of The Interest Belongs To Citizens Of The Philippines; 4.corporations Duly Organized Under The Laws Of The Philippines And Of Which At Least Sixty Percent (60%) Of The Outstanding Capital Stock Belongs To Citizens Of The Philippines; 5.cooperatives Duly Organized Under The Laws Of The Philippines, And Of Which At Least Sixty Percent (60%) Belongs To The Citizens Of The Philippines; Or 6.persons/entities Forming Themselves Into A Joint Venture I.e. Group Of Two (2) Or More Persons/entities That Intend To Be Jointly And Severally Responsible Or Liable For A Particular Contract: Provided, However, That Filipino Ownership Or Interest Of The Joint Venture Concerned Shall Be At Least Sixty Percent (60%). For This Purpose, Filipino Ownership Or Interest Shall Be Based On The Contributions Of Each Of The Members Of The Joint Venture As Specified In Their Joint Venture Agreement (jva). Iv.other Requirements A.three (3) Years Of Experience In Security Services Presented In Written, Duly Signed And Notarized Documents Showing Therein The Following But Shall Not Be Limited To: Record Of Previous Engagement And Quality Of Performance A.1 Name Of Client A.2 Contact Person A.3 Contact Number A.4 Duration Of The Contract A.5 Amount Of The Contract A.6 No. Of Security Guards Posted And Commanders Deployed Per Client B.organizational Set Up Of The Firm C.list Of The Following Resources C.1 Number Of Licensed Firearms C.2 No. And Kind Of Communication Devices C.3 No. And Kind Of Motor Vehicles C.4 No. Of Licensed Guards D.security Plan E.recruitment And Selection Criteria F.uniform Including Design And Other Paraphernalia G.licensed To Operate Issued By The Philippine National Police –sosia H.member Of The Philippine Association Of Detective And Protective Agency Operators (padpao). V.approved Budget For The Contract -funds Necessary To Implement The Provision Of Security Services In The Nlrc Regional Arbitration Branch Iv For A Period Of One Year (fy 2024) Is Estimated At Four Hundred Ninety Six Thousand Pesos Only (p496,000.00). Submitted By: Funds Available: Marlo Lex N. Tanodra Joyce Ann E. Awitan Administrative Officer V Administrative Officer Ii/ Budget Officer Approved: Melchisedek A. Guan Executive Labor Arbiter Annex “a” Salary Computation Of Security Guard At Nlrc Rab Iv Per Wage Order No. R Iva-29, Effective 24 July 2023 Salary Computation Of Security Guard Mon-sun Per Wage Order No. Ncr. - 23, Series Of 2023 W/o Nsp     6am - 6pm       (12 Hours) 1.0 Daily Wage Rate   520.00 520.00   Ave. Pay Per Mo. = P520.00 X 394.40/12 (mon-sun)[ Required To Report Everyday Including Holidays And Special Days] 17,090.67       2.0 Equivalent Monthly Rate (emr)   17,090.67 3.0 Overtime Pay   10,789.45 4.0 Night Shift Pay (ave. Mo. Salary X 10%)     Total Monthly Earnings   27,880.12 5.0 13th Month Pay (p520.00 X No. Of Days/12/12) 1,318.06 6.0 5 Days Service Incentive Leave Pay (p520.00 X 5/12) 216.67 7.0 Uniform Allowance (per Ra 5487)   100.00 8.0 Retirement Pay (p520.00 X 22.5/12) 975.00 A Total Amount To Guard   30,489.84   Social Security System (sss) Employer Share 1,900.00   State Insurance (ec)   30.00 Workers’ Investment And Savings Program 902.50   Philhealth (employer) 2.00% Based On Basic Mo. Pay (emr) 341.81   Pag-ibig Fund (employer Share)   100.00 B Total Amount To Gov't. In Favor Of Guard 3,274.31 C Total Amount To Gov't. And Guard 33,764.15 D Administrative Overhead And Margin Of Profit 6,752.83 E Vat (12% Of Item D Per Rmc 39-2007) 810.34   Contract Rate Per Month (c+d+e) 41,327.32   No. Of Security Guard   1 F Total   41,327.32   Total Monthly Contract Rate Cy 2023 41,327.32   (in Twelve (12) Months)   495,927.87             No. Security Guard   1