CONTRACT AGREEMENT

CONSULTING SERVICES FOR THE INFORMATION SECURITY AND MA,NAGEMENr

SYSIEM (ISMSI PROGRAM DEVELOPMENT FOR NEDA CENTRAL OFFICE:
READINESS/ALIGNMENT WI|H ISO 27(N7

THIS AGRE€MENT, made this 2q+h day of November 2021 in Pasig City,
Philippines, by and between:

The NATIONAL ECONOMIC AND DEVETOPMENT AUTHORITY (NEDA), a

government agency duly organized and existing under and by vinue of
the laws of the Republic of the Philippines, with office address at No. 12
Saint Josemaria Escriva Drive, Ortigas Center, Pasig City, duly
represented herein by Undersecretary JOSE MIGUEI- R. DE tA ROSA,
hereinafter referred to as the "Procuring Entiv';

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ROSEHAI-L MANAGEMENT CONSUTTANTS, lNC. a corporation duly

organized under and by virtue of the laws of the Republic of the
Philippines with office address at Unit 1405 Prestige Tower, F. Ortigas Jr.
Road, Ortigas Center, Pasig City, duly represented herein by Vice-
President & Business Development Head JOSTE A. CLTMACOSA.
he.einafter referred to as the "Consultang:

WH€REA, upon the invitation of the Procuring €ntity, the Consuhant submitted
a proposal/offer for the Consuhing Services for the Information S€curity Management
Synem (ISMS) Program Development for NEOA Central Office: Readiness/Alignment
with ISO 27001 in the amount of Nine Hundred FittlThree Thousand Ttiro Hundred
Thlrty-Two Pesos (PhP953,232.00), a lump-sum amount inclusive of applicable
government taxes and charges and all other expenses such as but not limited to
representation/food, supplies and materials, and miscellaneous expenses (hereinafter
referred to as the "Conract Price");

WHEREAS, the Procuring Entity accepted the proposal/offer of the Consultant

through NEDA Bids and Awards Committee for Consulting Services (NBAC-CS) Resolution
No. 73 (2021), which was approved by the Head of the procuring Entity on 16 November
202t:

contrcct Agrcement Jot consul ng Seryices

lot the rnlotmotton Security uanoienent SystiiTtSuS)
Protrum Development tot NEDA Centrct ollice: Readiness/Attsnme't widt tSO 27cf.1
 NOW THEREFORE, for and in consideration of the abovementioned premises, the
Procuring Entity and the Consuhant hereby agree as follows:

1. In this Agreement, words and expressions shall have the same meaning as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be attached, deemed to form, and be read and
construed as part of this Agreement, to wit:

(a) Bid Documents consisting of:

i. Request for Proposal with the following Annexes;
a. Annex A- Te.ms of Reference (TOR);
b. Annex B - Omnibus Sworn Statement
c. Annex C - Technical Proposals Forms (TPF5)
d. Annex O - Financial Proposal Forms (FPFS)
e. Annex E - Sample Templates of FPF1 and FPF2
f. Annex F - Diagram of Sealing of Bids
{b) Bid Fo.ms, including all the documents/statements contained in the
Bidde/s bidding envelope, i.e., tegal/Eligibility Requirements,
Technical and Financial Proposals, and all other
documents/statements as annexes;
tc) Bid Bulletin No. 01 issued on 18 Odober 2021:
(d) Technical Proposal Evaluation Report;
(e) Financial Proposal Evaluation Report;
{0 NBAC-CS Resolution Nos.49 (2021);55 (202l)t 6L l2027lt & (20271,65
{202ll;71 (20271;72 l202r); and 73 l2021l
(8) Highlights of the Negotiation Meeting held on 16 November 2021;
(h) Abstract of Bids {AOB);
(i) Notice of Award:
0) Notice to Proceed;
(k) Amendment to the Contract if any; and
(t) Other contract documents that may be required by existing laws
and/or the Procurlng Entity.

PERIOD OF THE AGREEMENT

3. ThisAgreement shallbe for a period of94calendar days commencing from the date
of receipt of the Notice to Proceed by the Consultant.

OBI.IGATIONS OF THE CONSULTAI{T

In consideration of the payments to be made by the Procuring Entity to the

Consultant, the Consultant herebv covenants to execute and comDlete the
Consulting Services and remedy any defects therein in conformity with the
provisions of this Contract in all respects.

Conndd Agreement Ior Consuhing *Nkcs lot ah. tnlotndtton Se.uN Monogement System (ISMS)
Prcgnn Developne lot NEDA cent.ol olrt e: neodlness/Altsnnent with tSO 2zoot
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5. The consultant shall:

a. Comply to deliver the outputs to NEDA-ICTS and submit both a hard and a soft
copy to NEDA, accordjng to the following schedule:

scope of consuhing
Deliverables/Milestones N EDA
Wo.k Firm
Phase 1: ISO27001Gap Analysis On or before 3 calendar
Discover Report the 9th days to
Current lSMs calendar day
from receipt of provide
NTP comments
Phase 2: Conduct ISO 27001 On or before 5 calendar
Defines ISMS Awareness Training {lSO the 41st days to
and Controls 27001 Development and calendar day revtew and
lmplementation Training) from receipt of provrde
Report on ISMS
approved ISO comments
Organizational Structure,
27001Gap
ISMS Roles and
Analysis Report
Responsibilities, lSM5
Business Obiective, ISMS
Scope, and lSMS Policy
Statement
Conduct of Risk
Management Training
Report on
Directions/Guidance
Conducted in
ldentif ication of Asset,
Development of
lnformation Asset
Register, Risk Assessment,
and ldentification of
Threats and
Vulnerabilities
Selection of Controls
Report and Risk
Treatment Plan
Phase 3: 1. Conduct of Document On or before 5 calendar
Development Creation and Technical 24th calendar days to
of Controls Writing day from review and
Orientation/Training receipt of provrde
2. ISMS Manual
approveo comments

Contrcd Agrcement tot Consultng Selvtcet tot rhe tnJornoion Security Manogenena System
,Iogrun Oeveloryent lot NEDA Centrot Wce: Reodiness/Atignnent with tSO 27@1
 S.op€ of Consulting
oeliverables/Milestones NEDA
Work firm
3. Compendium of lsMS Phase 2
Policies Reports
4. DocumentedPolicies,
Procedures and Records
and Document Checklist
5. Integration Re
Phase 4: 1. Conduct of ISO 27001 On or befo.e 3 calendar
Deployment Awareness Training 4th calendar days to
of Controls (Organization) day from review and
2. Report on receipt of provroe
Directions/Guidance approved comments
Conducted in Phase 3
Documented SVstem
Reports
lmplementation, Fine-
tuning of Documents,
Process Database Set-u

ln the event that the due date falls on a weekend, holiday or suspended work
in government offices, the Consultant shall submit the deliverable or the
output on the next working day after the said weekend, holiday or suspended
work in government offices.

b. Perform all the works and responsibilities stated in section 2 (5cope of wor//Jl
and Section 5.2. lResponsibilities of the Consulting Fim) stipulated in the TOR
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attached hereto.
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c, Execute Confidentiality and Non-Disclosure Agreement (cNDA) and adhere to
the principles of the Data Privacy Act and the NEDA Policy on Data Privacy

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should the Consultant request/require for materials/information in the
fulfillment ofthe outputs/deliverables, and alloutputs ofthis project accepted
by NEDA as client.

6. lf the Consultant fails to deliver any or all of the Services within the period(s)
specified in this contract, the Procuring Entity shall without prejudice to its other
remedies under this Contract and under the applicable law, deduct from the
contract price, as liquidated damages, a sum equivalent to one-tenth (1/10)ofone
percent (1%) of the p.ice of the unperformed portion of the Services for each day
of delay based on the approved contract schedule. Once the amount of liquidated
damages reaches ten percent (10%) ofthe totalamount of contract, the Procuring
Entity may consider termination of this Contract, without prejudice to other
courses of action and remedies available under the circumstances.

Conaro.r Agrcement ,or Consunnq Servlces lot the lnlotmotloh Sdudty Monoge,n.nt System
Prognn OevelopnentJot NEDACentftl Otfrce: Reo.tiness/Atignment with tSO 2 nt
7. To be entitled to such liquidated damages, the Pro€uring Entlty need not prove that
it has incurred actual damages. Such amount shall be deducted from any money due
or which may become due to the Consultant under the contract and/or collect such
liquidated damages from the retention money.

8. The Consultant agrees that proceeding with the contract/project despite the
existence of the current health situation means that the Consultant is waiving its
right to use the "pandemic" as fortuitous event. Thus, the existence of a pandemic
cannot be us€d as an excuse for delavs.

OBI-IGATIONS OF THE PROCURING ENTIW

9. lhe Procuring Entity hereby covenants to pay the Consultant, in consideration of

the execution and completion of the consultancy services, the Contract Price o.such
other sum as may become payable underthe provisions ofthis contract at the times
and in the manner prescribed by this Agreement.

10. The Procurlng Entlty shall:

a. Pay the Consultant based on the schedule stated in Section 7 (Poyment

Scheme/Schedulel stated in the TOR attached hereto.

The processing of payment for each of the

deliverables/milestone/output/activity shall be made upon:

i. Submission by the Consultant of billing statement; and

ii. Acceptance of deliverables/outputs and issuance of certificate of
satisfactory service bv NEDA.

Note: Any deliv€rables accepted beyond the cut-off set by the NEDA Financial
Planning and Management Staff based on its Memorandum dated 11
November 2021, will be paid through Accounts Payable (A/Pl until March 31,
2022. The A/P will be subjected to the release of NCA in compliance with the
guidelines on the release of funds for FY 2022 by the Depanment of Budget
and Management.

ofthe General Appropriations

In addition, under Section 62, General Provisions
Acl, FY 2021, appropriations for Maintenance and Other Operating Expenses
(MOOE) and Capital Outlays (CO) items shall b€ valid for obligation until
Oecember 31, 2021, while the delivery, inspection, and payment other than
infrastructure CO shall be made not later than March 31. 2022.

Perform all the responsibilities stated in Sedion 5.7 lResponsibilities oI NEDA)

of the TOR attached hereto.

Controct Ag/cemcntfot Consuhlry Seryices Jot the tnlo.notion Securry Mondgement Syttem 05MS)
P.ognn Dev.lopnent lor NEDA C.n..ol Off.e: Reodinees/Alrgnmen. whh $q 27oot

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11. This Agreement shall not create an employer-employee relationship between the
Procurihg Entity and the Consultant nor shall the services rendered herein be
considered as government service. The Consultant shall not be entitled to any and
all benefits enjoyed by the regular personnel of the government.

RETENTION PAYMENT

72. A retention payment of ten (10) percent shall be withheld. lt shall be based on the
total amount due to the Consultant prior to any deduction and shall be retained
from every progress payment until 50 percent of the value of the study, as
determined by the Procuring Entity is completed. lf, after 50 percent completion,
the study is satisfactorily done and on schedule. no additional retention shall be
made; otherwise, the ten (10) percent retention shall be imposed.

13. The total retention money shall be due for release upon approval of the Final
Report. The Consultant may, however, request the substitution of the retention
money for each progress billinE 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
Procuring Entity, provided that the project is on schedule and is satisfactorily
undertaken. Otherwise, the ten {10) percent retention shall be made. Said
irrevocable standby letters of credit, bank guarantees and/or surety bonds, to be
posted in favor of Procuring €ntity shall be valid for the duration of the Contract
Agreement.

OWNERSHIP ANO PROPERW RIGHTS OF THE OUTPUTS/DELIVERASITS

74. All submitted outputs/reports/documents under this Contract shall become

property of NEDA upon completion of workffull payment of the contract or the
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termination of the Agreement. Copyrights, as applicable, shall be with the NEDA.

AMENDM€NT

15. Any amendment to this ASreement shall be made in writing and siSned by the
Procurint Entity and the Consuhant.

ATTERNATIVE DISPUTE RESOLUTION

16. Should any dispute related to this Agreement and/orthe rights ofthe parties arise,
the same shall be submitted for mutual consultation, mediation and arbitration, in
th€ order of application. The v€nue ofthe proceedings shall be in pasig City.

contrcct Asreement tor co"suttins sentces yo, rhe tnto^Aio;a;urtty M;;;;;;;#;l$usj

nogftn Dewloqen. lot NEDA can mt Olfue: R.odinets/Atisnment wtdt tSO zr@t
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VENUE IN CASE OF SUIT

77. In case of a court suit, the venue shall be the courts of competent jurisdiction in
Pasig City, to the exclusion of all other courts.

lN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be

executed on the day and Vear first before written,

Signed, sealed and delivered bv: Signed, sealed and delivered by:

JOSE MIGUEL R. DE I.A ROSA

Unddrsecretary Vicefresident & Business Dev.t Head
Affairs Group Roqthall Management Consultants, Inc.
NE0A-sa-Pasig Building Unit 1405 Prestige Tower
12 5t. Josemaria Escriva Drive F. Ortigas Jr. Road
Onigas Center, Pasig City Ortigas Center, Pasig City

SIGNED IN THE

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FroMNrE G/ffitBEN
DiJector lv l/ -
Information and Communications Rosehall Management Consultants, Inc.
Technology Staff Unit 1405 Prestige Tower
NEDA-sa-Pasig Building F. Ortigas Jr. Road
12 St. Josemaria Escriva Drive Ortigas Center, Pasig City
O.tigas Center, Pasig City

contoct Asrceme nt lor con"

"@ lot
P.osnm Devetopment NEDA cen rot otfice: B.odinerr/AtiEnmen. wtth tSO 27ool
 ACKNOWI.EDGMENT

REPUBTIC OF THE PHILIPPINES)

Nov252u,11,
BEFoRE ME, a Notary Public ror. in@Qtni, 2027,
personally appeared thefollowing with their "nd
respedive p.oofs of identity indicated beside
their names:

NAME PROOF OF IDENTIry

JOSE MIGUEI- R. DE LA ROSA

Offi cial Passport fSOO12632A

JOSTE A. C|-|MACOSA
Drive/s License No. C07-15-000320 \

known to me to be the same persons who executed the foregoing Agreement consisting
of eight (8) pages, including this Acknowledgment, and they acknowledged to me that the
same is their free and voluntary act and deed as well as that of the entities which thev
respectively represent.
N
WITNESS MY HAND AND SEAI, on the day, Vear and place above written.

Doc. No. 41? ; ATTY, IEF.DINANq AXAEAU

Page No. &f;
Book No. 4tr-; Undl 1,2021
,ftloiltdllt !fo. I84 (202G2021)
Series of 2021.. For P-;t c Citv" tht .ros md S[' Jl|!! citt,
RoI No,4ilT': Y, n \'l-flc:- 705.oHn'19

Onigrs Oc!4a; r&.s gi.y T.l+632l6ll4otg

contrcd Agteemen lor consunng x-tces jo@

Prcgrcn oevelopnent to. NEDA centrcl OlJice: Beadiness/Atisnnent with rso

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