CONTRACT FOR CATERING SERVICES FOR THE PROFESSIONAL
INSTITUTIONAL DEVELOPMENT SECTOR REGULAR SCHEDULED TRAININGS
AND/OR SEMINARS AND OPERATION AND MAINTENANCE OF COA
DORMITORIES' CANTEENS
KNOW ALL MEN BY THESE PRESENTS:
This Contract executed this
between:
~I s.I
day of _ _!_Ap.Lf-r-_i_\_ _ _ _ _ , 2015 in Quezon City, is
The COMMISSION ON AUDIT, a Constitutional Commission with plincipal address
at Commonwealth Avenue, Quezon City, represented herein by Director LUIS S. MEJIA, ·
General Services Office, Administration Sector, herein refetTed to as the OWNER
and -
CHEF MIGUEL ANTONIO CAFE, a single prop1ietorship with principal address at
#58 Takip-Silim Street Teresa Heights Subdivision Novaliches, Quezon City, represented herein
by Mr. CAYETANO FLORES, hereinafter refetTed to as the CONCESSIONAIRE.
WITNESSETH that :
WHEREAS, in a public bidding held on September 10, 2014, CONCESSIONAIRE was
determined to be the Single Calculated Responsive Bidder for the Procurement of Cateling
Services for the Professional and Institutional Development Sector's (PIDS) Trainings and/or
Seminars and the Operation and Maintenance of the Canteens of the Old and New COA
Donnitmies, and was consequently awarded the contract subject to the following terms and
conditions, to wit:
I.
TERM OF THE CONTRACT
This
contract
shall
be
for a tenn of three (3) years commencing on
~til ;I.?J fliJ IS
but subject to an ammal Perfonnance Appraisal to be
condcted by tl;e OWNER's Canteen Committee. Should the Canteen Committee make
an "UNSATISFACTORY RATING" of the annual performance of the
CONCESSIONAIRE, the OWNER shall have the option to rescind this contract even
before its tenn expires under Section VI of this Contract.
Not earlier than sixty (60) days before the expiration of the tlu·ee (3) year te1m of this
contract, either party shall notify the other of its intention to continue/allow the operation
of the canteen but such agreement shall be on a month-to-month basis until the OWNER
shall have awarded the concession to a new concessionaire and the latter has assumed
operation thereof
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II.
OBLIGATIONS OF THE OWNER
The OWNER shall:
III.
1.
Recognize that CONCESSIONAIRE is the SOLE CATERER and OPERATOR for
the PIDS Trainings and/or Seminars and the canteens in the Old and New
Donnitories.
2.
Provide electric and water sub-meters and the following spaces necessary, at no
cost, for the efficient operation of the Concessionaire for the duration of the
Concession Contract, to wit:
a. Common dining area; and
b. Kitchen
3.
Create a COA Canteen Committee which shall conduct a quarterly appraisal to
evaluate the performance of the Concessionaire. The appraisal rating shall range
from Outstanding (the highest), Very Satisfactory, Satisfactory, to Poor (the
lowest). The CONCESSIONAIRE must meet a rating of Satisfactory or higher,
based on the said appraisal. Failure to meet the minimum rating is a ground to
terminate the CONCESSIONAIRE's services, subject to a 30-day prior written
notice.
4.
Provide labor and materials 'for minor plumbing, electrical, and carpentry repairs.
Repairs not exceeding P2,000.00 shall be on account of the OWNER. Anything in
excess shall be borne by the CONCESSIONAIRE.
5.
Provide and maintain furniture, fixtures, and equipment needed for the operation of
the COA Donnitory Canteen such as but not limited to:
a. Food counter with railings;
b. Tables;
c. Chairs;
d. Exhaust fan; and
e. Airconditioning Units
6.
Grant price meal adjustment based on price increases on the affected commodities
subject to approval by the COA Canteen Committee.
OBLIGATIONS OF THE CONCESSIONAIRE
The Concessionaire shall :
1. Ensure the exclusivity of the contract awarded to it, and shall not transfer or sublet the
contract or any space allocated to it. A copy of the contract agreement shall be posted
visibly within the vicinity of the canteen;
2. Maintain the cleanliness and sanitation of the Canteen equipment and premises such
as the following:
a. Kitchen;
b. Dining areas;
c. Equipment;
d. Tables and chairs;
e. Cabinets and food counters; and
f.
All other areas used by the concessionaire in their operations.
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Furthermore, the concessionaire must perform a general and thorough cleaning every
Saturday;
3. Ensure that the quality of all the foods, either raw or processed, complies with
sanitation standard as prescribed under the Implementing Rules and Regulations of
Chapter III Food Establishments of the Code on Sanitation of the Philippines
(Presidential Decree No. 856);
4. Ensure utmost cleanliness and proper hygiene m the preparation, handling and
serving of food;
5. Operate the canteen from 6:30 a.m. - 6:00 p.m. from Monday to Friday excluding
holidays;
6. Provide breakfast starting at 6:30a.m., morning snacks at 10:00 a.m., lunch at 12:00
noon and afternoon snacks at 3:00 p.m. The Concessionaire shall guaranty prompt
and timely delivery of meals to the COA offices when asked to do so.
7. Post its menu for the day with the corresponding price for each of the dishes/meal to
be served.
8. Provide basic requirements necessary in its operation, such as:
a. Manpower complement:
For the operation o£the canteens:
Shall provide and maintain the following minimum number of staff but
may, however, increase such number as may be necessary:
a) One (1) Manager- full time
b) One (1) Experienced Cook- full time
c) One (1) Regular Cashier- full time
d) One (1) Supervisor -full time
e) One (1) Cook Helper
f) One (1) Dishwasher
g) One (1) Busboy
For the PIDS Training/Seminars:
Per class
: Three (3) Waiters/Waitresses
Two (2) or more classes : Five (5) Waiters/Waitresses
b.
c.
d.
e.
f.
g.
h.
1.
J.
k.
1.
m.
n.
o.
Communication devices;
Cooking equipment;
Cooking wares and utensils (stainless steel);
Liquefied Petroleum Gas with safety device;
Movable serving racks;
Serving trays;
Cash Register (registered with the BIR)
Tableware/utensils such as plates, cups, saucers, drinking glasses, spoon,
and forks, etc;
Spoon and fork sterilizer;
Food Warmer,
Coffee maker;
Utensils steamer;
Chafing dish; and
Bread toaster and /or sandwich maker
(The use of aluminum cooking ware or utensils and microwave oven are
stlictly prohibited)
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9. Provide adequate supply of purified drinking water with dispenser;
I 0. Ens ure that the prohibition against the use and sale of alcoholic drinks and tobacco in
any fom1 and smoking within the COA Canteen is strictly observed;
11. Turn-off lights and electrical appliances when not in use;
12. Defray the cost of water and elechic utilities;
13. Ensure that all pers01mel under the employ of the Concessionaire must wear the
following:
a. Identification Card issued by the COA;
b. Hailnet;
c. Proper unifonns at all times with apron;
d. Appropriate footwear (closed shoes for canteen/food servers) and at no time
shall its personnel wear slippers during operating hours
14. Require its personnel involved in the preparation and serving of food and beverages
to secure Individual Health/Medical Certificate from the Health Officer of place of
business. The winning Concessionaire shall post the Individual Health/Medical
Certificate in a visible area on the Concessionaire's wall; and the ce11ificate must be
renewed annually or as necessary;
15. Ensure that all food is being handled properly. It shall instruct its personnel not to
handle money or any other items while handling food to avoid contamination. Under
no circumstance shall the cashier handle any food while perfonning such function.
16. Report immediately to the General Services Office any necessary repair or
replacement which need to be undertaken within the COA premises. The
Concessionaire shall first seek the approval of the GSO in case an alteration on the
canteen premises becomes necessary for the Concessionaire's canteen operations, in
this case the cost of alteration will be charged against the Concessionaire.
Violation of any of the items within this Section are deemed minor offenses
except for Item Nos. I, 2, 3, 4, 10, 14 and 15 which are major offenses.
Additionally, the CONCESSIONAIRE shall bind himself to the following:
1.
Must have a "stati house" or "storage area." Such staff house shall serve as the
focal point of delivery for food requirements of the OWNER.
2.
To provide adequate, efficient and reliable operation and management of the
Ca nteen under satisfactory and sanitary conditions at all times;
3.
To provide curtains/drapes, paintings and other decors in the Cafe area subjects to
the approval of the OWNER;
To prepare and serve a variety of Filipino/Continental dishes to include appetizers,
snacks/merienda, desserts, salads, pastries, etc. which are economically nutritious,
tasty, safe and clean subject to the agreed standard weights. It is understood
however, that the standard weights exclude the weight of the sauce/ soup of the
dishes .
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The sample menus (a Ia carte and set menus) submitted by the CONCESSIONAIRE
as can be gleaned in the Schedule of Requirements are only part of the variety of
menus to be served. To monitor price of menus, the concessionaire shall submit
beforehand to the OWNER the list of other various dishes/menus to be served
subject to COA clearance and approval. Menus should be vary at least monthly with
prior approval of the OWNER.
COA maximum price per set menu= P250.00/day
Any of the following:
Traditional Filipino Delicacies
Noodles/Pasta Dishes
Cakes/Pashies/Sandwiches
Drinks
Coffee (Instant/Brewed), Tea,
and Juice or Softdrinks (In can/Bottled)
Two (2) snacks
(am and pm)
Lunch
Choices: 2 kinds of meat or 2 kinds of seafoods
or 1 kind of meat and 1 kind of seafood
Vegetables
Soup
Rice
Desseti
Drinks
Note: Flowing coffee should be available for the entire duration of the seminar
5.
To bear all expenses in the purchase, preparation and cost of cooking the
meals/snacks, etc. to be served in the Canteen and other designated areas within
COA premises.
6.
To provide within the dining area menu books and other food items for the day with
their corresponding prices.
7.
To maintain all times the prices of food at the levels mutually agreed on by the
OWNER and CONCESSIONAIRE. However, they may serve other dishes/menu
subject to COA clearance and approval of price list. They may submit a revised
price list of regular menus as necessities may demand subject to the approval of the
OWNER. Any upward adjustments of ptices should be submitted for approval of
the OWNER within fifteen (15) days prior to intended elate of effectivity. The
OWNER may likewise demand for a downward adjustment of prices at any time if
in its judgment such is dictated by the prevailing market prices of prime
commodities.
8.
To serve COA employees, including visitors and guests upon sufficient notice in
any of the function/conference rooms and/or offices.
9.
Provision of meals and snacks during conference/ meetings/ trainings at the PIDS
shall be exclusive to the Canteen Concessionaire, choices of menu/dishes and the
total cost of selected menu per person shall be the discretion of the requisitioning
cost center head and should be within the available budget of the cost center.
Prices of food items must be mutually agreed upon by the OWNER and the
CONCESSIONAIRE.
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10.
To employ and hire adequate number of personnel, but not lower than the
prescribed minimum manpower requirement, with all the necessary health and
sanitary permit as to their physical fitness and number of years in working
experience as prescribed in Section VII- Schedule of Requirements and who shall
be provided at all times with clean unifom1s and sanitary and safety protections at
no cost to the OWNER. It is understood that said personnel hired by the
CONCESSIONAIRE are his own employees and not of the OWNER; OWNER
shall not be liable for any claim(s) of said personnel under Employees
Compensation Act and any other pertinent labor laws.
11.
To allow the OWNER's auth01ized representatives to inspect prices, canteen
facilities , equipment and premises at any time during business hours for the
duration of the effectivity of the Contract to ensure satisfactory and courteous
services, and safe, sanitary and clean facilities in the entire Canteen area (kitchen,
dining area, stockroom, and its immediate premises).
12.
To have a mutual agreement with the OWNER that, from time to time, each or both
shall conduct surveys to detennine whether the CONCESSIONAIRE services
satisfy the need of COA employees, and that periodic dialogues shall be held
between and/or among the CONCESSIONAIRE, OWNER and its employees to
further improve the services.
13.
Shall abide with the rules and regulations, policies and guidelines of COA
encompassmg health/sanitation, safety and security, Enercon, 5S and other
requirements .
14.
All cost of losses, repairs, and replacement of spare parts and accessories of all
kitchen equipment as well as any damage to Canteen facilities provided by the
OWNER shall be for the accounj of the CONCESSIONAIRE.
For the purpose, inventory of the facilities shall be made by the OWNER's
representative(s) and the CONCESSIONAIRE's representative(s) every six (6)
months, whenever deemed necessary by the OWNER.
15 .
The CONCESSIONAIRE shall not use the kitchen facilities for his private catering
servtces.
16.
The CONCESSIONAIRE shall not lease, sub-lease or in any manner assign this
Contract or any part hereof without the prior approval of the OWNER.
The CONCESSIONAIRE shall assign and station at the Canteen premises at all
times dming the business hours, one (1) duly authmized representative who shall
perform the duties required of CONCESSIONAIRE under the Contract.
17.
Maintain peace and security of the canteen by prohibiting activities of any kind
which may cause disturbance, in any way, to the official activities of the OWNER.
Furthermore, no employee of CONCESSIONAIRE shall be allowed to use the
canteen premises for drinking alcoholic or intoxicating beverage and for gambling
at any given time; Provided further, no employee of the CONCESSIONAIRE shall
be allowed to stay overnight in the canteen building and within the OWNER's
premises, except those who are duly authorized and assigned by the
CONCESSIONAIRE, upon prior written consent of the OWNER, to secure its
properties when evening catering services are required.
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18.
Assume full responsibility for the acts of its employees and immediately act on
formal complaints made by the OWNER against its erring employees. Mounting
and unacted complaints against the CONCESSIONAIRE and its employees shall
constitute a violation of the contract on which ground the OWNER may rescind the
contract pursuant to Section V of the contract.
19.
Deliver to the OWNER in good and working condition those enumerated under
Items 1 and 3 of Section II at the expiration of the contract.
20.
Pay the OWNER a monthly Concession fee in the amount of FOUR THOUSAND
PESOS (P4,000.00) to be paid within the first five (5) days of the cmTent month at
the Cashier's Office, Commission on Audit, Quezon City. Failure to pay the
concession fee for at least two (2) succeeding months shall be a ground for the
OWNER to tenninate the contract as provided under Section V thereof.
21.
Submit to the OWNER, through the Canteen Committee, copies of the annual
renewal of applicable business licenses and pennits, and tax returns duly certified to
be true and coiTect by the issuing agency.
IV.
MISCELLANEOUS PROVISIONS
1. Upon receipt of its water and· electric bill for the month, the CONCESSIONAIRE
shall pay the OWNER, within five (5) working days without need for further demand.
In case CONCESSIONAIRE fails to pay its electric bill and water bill for at least two
(2) succeeding months, this contract may be rescinded by the OWNER and the
perfonnance security provided for in Item 4 of this Section shall be applied to the said
atTears.
2. Any breakage or destruction of the tables and chairs and other canteen equipments
provided by the OWNER to the CONCESSIONAIRE not otherwise attributable to
ordinary wear and tear and extraordinary circumstances shall be replaced by the
CONCESSIONAIRE with the same kind, design, and quality.
A list of all
serviceable equipment and appliances to be provided by the OWNER shall be
submitted to the CONCESSIONAIRE upon signing of this contract while the
CONCESSIONAIRE shall also submit to the OWNER a list of its equipment and
appliances brought within the canteen premises.
3.
PERFORMANCE SECURITY. The CONCESSIONAIRE shall deposit with the
OWNER a perfonnance security in the fonn of cash, certified check, cashier check or
manager's check amounting to P.lOO,OOO.OO. Within ten (10) calendar days from
receipt of the Notice of Award from the OWNER but in no case later than the signing
of the contract by both parties, the CONCESSIONAIRE shall furnish perfo1mance
security prescribed by the OWNER. The proceeds of the perfonnance security shall
be payable to the OWNER as compensation for any loss resulting from the
CONCESSIONAIRE's failure to comply with its obligations under this Contract.
The performance security will be discharged by the OWNER and retumed to the
CONCESSIONAIRE not later than thi1iy (30) days following the date of expiration
of this Contract, net of the said loss, if any.
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4. NON-TRANSFERABILITY OF RIGHTS. Any right granted by the OWNER to the
CONCESSIONAIRE under this agreement shall be non-transferable.
Should
OWNER find U1at CONCESSIONAIRE has done the same, this will result to an
automatic rescission of this Contract and the CONCESSIONAIRE will be blacklisted
and cannot participate in aoy future biddings of the OWNER.
5. Any injury arising from the consumption of food, condiments or drinks being served,
sold or offered for sale by the CONCESSIONAIRE at the COA canteen or during any
event the CONCESSIONAIRE is called to cater within the OWNER's premises, or
from the OJJeration by the CONCESSIONAIRE at the COA canteen, or from any act
done by the CONCESSIONAIRE's employees within the COA premises, shall be the
sole liability of the CONCESSIONAIRE. In no case shall the OWNER be jointly and
severally liable for cases enumerated under this Item.
6. The following documents shall fonn part of this contract:
I. Bid Fonn submitted by the Concessionaire;
2. Schedule of Requirements;
3. General Conditions ofthe Contract;
4. Special Conditions of the Contract;
5. Terms ofReference;
6. Notice of Award of Contract; and
7. Performance Secutity
7. I.t1 case of dispute between the Procuring Entity and the Canteen Concessionaire, the
same shall be resolved in accordance with Republic Act No. 9285, otherwise known
as the "Alternative Dispute Resolution Act of2004."
V.
CONCESSIONAIRE LJABlLITY
Any injury (e.g. food poisoning) alising fiom the consumption of food, condiments or
drinks being served, sold or offered for sale by the Concessionaire at the COA
Dom1ilory Canteen or during any event the Concessionaire is called to cater, or fi·om
the operation by the Concessionaire at COA Canteen, or from any act done by its
persotmel within the COA premises, shall be the sole liability of the Concessionaire
concemed. In 110 case shall COA be jointly or severally liable for cases enumerated
under this section. Violation of this item will be sufficient cause for the COA to
tenninale the contract with fortitude.
VI.
PENALTY PROVISIONS FOR VIOLATIONS
Should the COA Canteen Committee, after due notice and hearing, find the
concessionaire to have committed offenses as descri bed under Item HI of this
Contract, the following penalties shall be imposed:
I.
11.
For Minor Offenses
J st offense
2"d offense
3rd offense -
P5,000.00
P lO,OOO.OO
Rescission of the contract plus forfeiture of
the perfom1ru1ce security
For Major Offenses
i. Rescission of the conb:act; and
ii. Fmieiture of the perfonnance security
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VII.
GROUNDS FOR PRE-TERMINATION:
In the event that the quality of food, service, and value of food being served by the
Canteen Concessionaire seriously deteriorates in accordance with COA standard or
upon gross violation of any of the tenns and conditions mentioned earlier or gross
violation of agency health, safety and security policy, the Canteen Concessionaire
shall be notified given a grace period of thitiy (30) days to remedy the same. Should
the Canteen Concessionaire still fail to remedy its violation, COA shall have the right
to tetminate the contract within thirty (30) days from the receipt of notice. Failure on
the part of the Canteen Concessionaire to satisfy the evaluation of its perf01mance on
two (2) rating periods shall give COA the option to terminate the contract.
VII.
TERMINATION OF THE CONTRACT
I.
This Contract may be terminated by the OWNER before its expiration for any
violation by the CONCESSIONAIRE of any of the tenns and conditions o f this
contract.
2.
In case of pre-termination, a written notice to the CONCESSIONAIRE shall be
sent stating therein the ground(s) constituting the same and an instruction to the
CONCESSIONAIRE to show cause why the contract should not be rescinded.
3. The procedure for tenninati0n of contract provided under Item 19 of the General
Conditions of the Contract shall be observed.
IN WITNESS WHEREOF, the parties have hereunto set their hands this _ _ day of
_ _ _ _ _ __ , 2015 in Quezon City.
COMMISSION ON AUDIT
Owner
CHEF MIGUEL ANTONIO CAFE
Concessionaire
By:
By:
L
Director, General ervices Office
Ac.lm nistration Seep-· -1\~
ETANO FLORES
Owner's Representative
WITNESSES:
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Republic of the Philippines)
Quezon City
) S.S.
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Quezon, Philippin es, personally appeared- ·
Director LUIS S. MEJIA, with TIN No. 260-599-33 8
Mr CAYETANO FLORES, with TIN No.
iO/- ?73 -67/ - 0 06
all k nown to me and to me known to be the same persons who executed the foregoing Contract
and they acknowledged to me that the same is their fi·ee and voluntary act and deed for and in
behalfofthe PARTIES they represent.
I HEREBY CERTIFY that thi s instrument refers to the PROCUREMENT OF CATERING
SERVICES FOR THE PROFESSIONAL AND INSTITUTIONAL DEVELOPMENT
SECTOR'S TRAININGS AND/OR SEMINARS AND TH.E OPERATION AND
MAINTENANCE OF THE CANTEENS OF THE OLD AND NEW COA DORMITORIES
OPERATION AND MAINTENANCE OF COA CANTEEN CONCESSIONA IRES located
at the COA Central Office, Commonwealth Ave, Quezon City, consisting of ten (1 0) pages on
which th e acknowledgment is written duly signed on this page of the instrum ent and at the lefthand margins of pages one (1) to eight (8) and ten (1 0) by the executing parties and their
instrumental witnesses.
d
IN WITNESS WHEREOF, I have hereunto affixed m y signature and seal this _ _
of : : 'k
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at Quezon City.
Y
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Am. MARIA
T
1\CAYo-GARCIA
Notary "if~ · bUcforQuezonaty
Adm. Matter No. ~53 (Jan 2014- Dec 20IS)
D c. No.~
Page No.
:;}1Book No . _:1~
Seri es of Ot>J.f"
IBP Ufetlme Member No. 010941
Roll No. 61690
PTR No. 523831/t.B.lOts/Q.C.
Contact No. 0917"5392519
Taodang Sora, quezon Oty
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