This Terms of Reference (TOR), consistent with Republic Act No. 9184 and its Revised Implementing Rules and Regulations (IRR), shall guide prospective bidders interested in the bidding for the contract for security services for the -Port Security Cluster-Northern Mindanao and PMOs/TMOs/Ports within its jurisdiction.
2. SCOPE OF UNDERTAKING
The services subject to public bidding shall include security services for The Port Security Cluster-Northern Mindanao, which is composed of Port Management Offices (PMOs) of Misamis Oriental/Cagayan de Oro, Lanao del Norte/Iligan, Misamis Occidental/Ozamiz, Agusan del Norte and Surigao including their Terminal Management Offices(TMOs) and other ports.
The operational areas to be secured by the winning bidder shall cover the existing port facilities and pier structures particularly described and delineated in the Port Layout Plans hereto attached as annex ”A”.
PMO-MISAMIS ORIENTAL/CAGAYAN DE ORO
184.108.40.206.1 Port of Cagayan de Oro
3. DESCRIPTION OF SERVICES The PPA, Port Security Cluster-Northern Mindanao is desirous of engaging the services of a security agency for the purpose of deploying licensed security guards to safeguard and protect its properties, equipment, port facilities/installations/office buildings, and confidential information within its premises, against any and all crimes/unlawful acts and any act of terrorism by strangers or third persons, in accordance with the Port Facility Security Plans prepared in relation to International Ship and Port Facility Security (ISPS) Code and National Security Programme for Sea Transport and Maritime Infrastructure. The services that shall be engaged shall also cover the necessary security measure for all PPA Officers, employees and its visitors transacting legitimate business in the PPA premises.
4. OBLIGATIONS AND RESPONSIBILITIES UNDER THE CONTRACT
Security Services Contractor shall:
Provide and operate, efficient security plans and services in accordance with the standards prescribed by the AUTHORITY and International Ship and Port Facility Security (ISPS) Code and National Security Programme for Sea Transport and Maritime Infrastructure;
Deploy duly licensed security guards in accordance with qualification standards as indicated in Annex “B” hereof;
Provide and maintain, the required minimum security service equipment per R.A. 5487 including communication units and gears in ready and operational condition as listed in Annex “C”;
Employ key officers with appropriate training or experience in 1) ISPS Code specifically Port Facility Security Officer (PFSO) Course, 2) Radiation Safety Officers of Industrial X-ray Facilities, 3) Bomb Detection and Identification, 4) Intelligence and Investigation, and 5) Basic First Aid;
Assist in the enforcement of access control and traffic regulations and other existing security policies including any future amendments to the port facility security plans within the port premises and in such facilities/buildings/offices so designated or directed or promulgated by the Authority;
Provide at its own expense allocation for maritime security training program for security guards that will be deployed under the Contract. Provide training programs to upgrade the knowledge and skills of its security guards deployed with the Authority on security matters such as, but not limited to, the following:
f.1 Knowledge of current security threats and patterns;
f.2 Recognition and detection of weapons, dangerous substances and devices;
f.3 Recognition of characteristics and behavioral patterns of persons who are likely to threaten security;
f.4 Techniques used to circumvent security measures;
f.5 Crowd management and control techniques;
f.6 Security-related communications;
f.7 Testing, calibration and maintenance of security equipment and systems and conduct of firearms proficiency training;
f.8 Inspection, control and monitoring techniques;
f.9 Methods of physical searches of person, personal effects, baggage, cargo, and ship’s stores;
f.10 Basic Intelligence and Investigation Course, and report writing; and
f.11 Meaning of and the consequential requirements of the different security alert levels as defined under the ISPS Code and National Security Programme for Sea Transport and Maritime Infrastructure.
Comply with all labor standard laws and social legislative acts in favor of its security guards, and shall hold the Philippine Ports Authority free from any liability arising from monetary claims by the security guards against the security services Contractor;
Employ security guards, with appropriate training in bomb and firearms detection and deadly weapons identification, to operate baggage x-ray machine and walk-thru metal detectors;
Provide security office/barracks/utilities and necessary security equipment in addition to what is required of the contractor at its own expense;
Increase/decrease such number of security guards after due notice from the Authority;
Submit to the Philippine Ports Authority detailed reports of undertaking and unusual incidents in the form, substance and frequency prescribed by the Authority;
Make available at any time all documents related to the security services contract for inspection, examination and audit by the Authority;
Assume liability for all losses, damages, destructions to PPA properties and for death and/or injuries sustained by its officers, employees, and visitors/guests, which are directly attributable to the negligence, fault, laxity, unlawful act or misconduct of the Contractor or by any of its officers and/or security guards;
Provide insurance coverage or pay for life insurance premium for its security guards;
Comply with all other applicable laws, ordinances, terms and conditions of the contract and applicable rules and regulations promulgated by the PPA;
Pay taxes in full and on time and that the failure to do so will entitle the PPA to suspend payment for any services delivered/rendered by the agency/contractor;
Regularly present to PPA, within the duration of the contract, a tax clearance from the Bureau of Internal Revenue as well as a copy of its income and business tax returns stamped and received by the Bureau of Internal Revenue and duly validated with the tax payments made thereon;
Comply with all other terms and conditions of the Contract and applicable regulations of the Authority;
The Security Services Contractor has the obligation and responsibility to comply with all the provisions of the contract and contract documents. Non-compliance or violations of any obligations and responsibilities by the Security Services Contractor shall be a ground for rescission, cancellation and/or termination of the security services contract after due notice;
Post the required Performance Security in sufficient amount in such form as cash, manager’s check or bond secured from the Government Insurance System (GSIS) or a reputable insurance company duly accredited by the appropriate government agency to guarantee full performance and compliance with every stipulation, terms and conditions of the security services contract, and adjust the amount of the bond accordingly whenever the number of guards is increased/decreased.
a. Grant the winning security services contractor, the contract to render security services at the Port Security Cluster-Northern Mindanao and its Port Management Offices and Terminals and other ports;
Ensure fund availability for security services rendered;
Upon perfection of the Security Services Contract, pay the Contractor the amount due for security services rendered in accordance with what is stipulated in the contract and/or prevailing laws and regulations to include labor laws, BIR Revenue Memorandum Circular No. 39-2007 and prevailing PADPAO Rate in the Regions where the PPA PMOs/TMOs are located;
Exercise administrative and functional supervision, command and control over the Contractor for the proper implementation of the contract;
Provide ISPS awareness training, PPA orientation seminar, and other pertinent security training to security guards in coordination with security contractor;
Provide compensation for overtime services rendered in exceptional circumstances, as required by the Authority, and in accordance with the existing labor laws, rules and regulations; and
Exercise visitorial power or conduct inspection or audit of the agency’s compliance with existing social legislation or provisions of the security contract relating to the welfare of the security guards.
Collect its fees and charges for services rendered as concurred in and approved by the Authority and to issue appropriate Official Receipts.
a. To confer with the Authority issues and concerns pertaining to security services contract.
Require the Security Services Contractor to submit the supporting documents as basis for payment of services rendered by its security guards and issue appropriate Official Receipts.
Supervise and control the services being rendered by the security services Contractor to ensure maximum efficiency.
Terminate and/or cancel the security services contract of the security agency for reason/s or cause/s as provided for under the Contract and regulations of the Authority.
Conduct audit in compliance by the security service company with the terms and conditions of its contract with PPA.
6. DURATION OF CONTRACT The Contract for Security Services for the Port Security Cluster-Northern Mindanao shall be effective for a period of three (3) years. The Approved Budget for the Contract (ABC) is for the first year only and a corresponding Certificate of Approved Budget (C.A.B) shall be issued at the start of the succeeding year, subject to the usual government and auditing procedures.
7. VENUE OF ACTION All actions relating to the bidding or contract shall only be instituted in the appropriate court in the City of Manila, Philippines.
(SGD) ISIDRO V. BUTASLAC, JR.
Chairperson Port Security Cluster-Northern Mindanao/
Must not be a dishonorably discharged member of the PNP or any branches of the Armed Forces of the Philippines, and such other similar agencies.
For guards to be deployed at the security screening area, the qualification should conform with the Memorandum of the Assistant General Manager for operations dated 14 July 2011, re: Qualification Standards for Security Screening Equipment Operators (Annex B-1)
Firearms, Communications and Transportation Minimum Requirements
Procurement of Port Security Services for Port Security Cluster of Northern Mindanao