DATA CENTER COLOCATION IN NCR (Lease of Room Space and Racks in Data Center Facility)

CONTRACT NO: 2020-10-26

KNOW ALL MEN BY THESE PRESENTS:

This contract made and entered into this 1.1~ day of ~ -z.oro by and between:

THE DEPARTMENT OF INFORMATION AND C8MMUNleATIONS TECHNOLOGY, a government entity organized and existing in accordance with the laws of the Republic of the Philippines, with principal office located at DICT Building, C.P. Garcia Avenue, Diliman, Quezon City, represented by its Secretary GREGORIO B. HONASAN II, hereinafter referred to as the "DJCT•;

- and -

ePLDT, INC., a private corporation duly organized and existing under the laws of the Republic of the Philippines, with principal office address at 5/F L. V. Locsin Building, Ayala Avenue, Cor. Makati Avenue, Makati City represented by its President & Chief Executive Officer, JUAN VICTOR I. HERNANDEZ, hereinafter referred to as the "ePLDT'".

WITNESSETH:THAT

WHEREAS, the Department of Information and Communications Technology (DICT) is mandated to be the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch that will plan, develop, and promote the national ICT development agenda;

WHEREAS, the DICT through the National Government Data Center (NGOC) is the lead agency implementing the government data center project which operates to support and maintain the servers and storage facilities for several government agencies as well as the development of data center facility;

WHEREAS, the DICT shall provide colocation services to National Government Agencies to interconnect Government Information Technology assets and generate cost savings through the provision of collocated Data Center Facility with managed network and security;

WHEREAS, the DICT intended to lease room space and racks in a data center facility -BAC reference No. 2020-010: DATA CENTER COLOCATION IN NCR (Lease of Room Space and Racks in Data Center Facility) with an Approved Budget Contract (ABC) of FORTY-TWO MILUON AND FIVE HUNDRED THOUSAND PESOS (Php4~500,000.00); and procure such services through Negotiated Procurement under Section 53.10 of the R.A. 9184;

WHEREAS, the Bids and Awards Committee (BAC), throu2h its secretariat, invited and sent a Request for Quotation to the following bidders in compliance with Annex H, item no. 9, c, (i), (a) of the IRR of R.A. No. 9184, to submit sealed price quotations, to wit:

a. ePLDT, Inc.; b. Converge Information & Communications technology Solutions, Inc~ c. Pil-Oli 'f elecoms, Inc.;

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d. Total Information Management; and e. Globe Business;

WHEREAS, in response to the said Request for Quotation, the following bidders have

submitted their proposals to the DICT:

~. ePWT, ln~.; b. Converge Information & Communications technology Solutions, Inc.; and c. Pil-Chi Telecoms, Inc.;

WHEREAS, after thorough evaluation and examination of the documents submitted as well

a~ ttie !;Qf)~yg Qf g~yl~r iJ1~p~gi9n, the T~~hnj!;gl Wgrking Gr9YP (TWG) fin~~ ePbDT, Jfl~, tQ be the Lowest Calculated and Responsive Proposal and recommends for the approval of the award of the contract to ePLDT, Inc. for the Data Center Colocation in NCR (Lease of Room Space and Racks in Data Center Facility);

WH~~~, the l3AC i'IQQpteO the finOing~ Qf the TWG an~ issyed ~~c; R~luti9n N9. ~-2020-010, dated 15 September 2020, declaring ePLDT as the Lowest calculated and Responsive Proposal and recommending the award of the contract to ePLDT;

WHEREAS, the Head of Procuring Entity approved BAC Resolution No. A-2019-065 and awarded the Contract for the "DATA CENTER COLOCATION IN NCR (Lease of Room Space and Racks in Data Center Facility)" in the sum of THIRTY-TWO MILUON NINE HUNDRED NINETY-EIGHT THOUSAND PESOS (PHP32,998,000.00) to ePLDT;

WHEREAS, the Notice of Award was received by ePLDT on 29 September 2020 and all the documentary requirements have already been complied with.

NOW, THEREFORE, PREMISES CONSIDERED, the parties hereby agree as follows:

SECTION 1: CONTRACT INTERPRETATION

1.1 In this Contract words and expressions shall have the same meaning as are respectively assigned to them in the Terms of Reference.

1.2 The fellewiAg doeumeAts shall be deemed te form and be read and eeAstrued as part of this Contract, viz:

a. Purchase Request b. Market Research

(inclusions: Detailed Cost Breakdown of the ABC and Market Price Analysis) c. Abstract of Price Quotations d. BAC Resolution No. A-2020-010, 15 September 2020 e. Terms of Reference f. Approved Supplemental Annual Procurement Plan

g, Minutes of the Online Meeting (7 Set>tember 2Q2Q, ~ September 2020, ~nd l~ September 2020)

h. TWG Evaluation Report i. Notice of Award

j. ePLDT, Inc. Response to the Request for Quotation Requirements (inclusions! Business pem1it, Annual Income Tax Returns and Business Tax Returns, Certificate of PhllGEPS Registration, Company Background, List of Krfv

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Officers/General Information Sheet, Product and/or Services Offerings, Project Reference, Technical Specification, Supporting Documents on Technical Specification, Secretary Certificate, and Financial Proposal)

SEcnON 2: SCOPE OF WORK

The ePLDT shall provide Data Center Colocation Facility Service to DICT that shall commence from the "Go-Live" of the site for a period of three (3) months, following the technical specifications stated in the Terms of Reference.

SEcnON 3: DELIVERY PLACE AND DELIVERY SCHEDULE

The PLOT Data Center located In NCR must be ready for colocation, including switches and firewalls, within Forty-Five ( 45) days from receipt of the Notice to Proceed.

SEcnON 4: PAYMENT TERMS/PROGRESS PAYMENT

The DICT hereby covenants to pay the ePLDT, Inc. in consideration of the provision for the DATA CENTER COLOCATION IN NCR (LEASE OF ROOM SPACE AND RACKS IN DATA CENTER FAOLITY) in the amount of PESOS: THIRTY-TWO MILUON NINE HUNDRED NINETY-EIGHT THOUSAND & 00/100 (PHP3~998,000.00).

The billing period shall start a day after the acceptance by DICT. The monthly rental shall be paid within thirty (30) calendar days from the receipt of the billing statement, provided that the documentary requirements for payment are complete.

The Contract Price is considered as fixed prices, and therefore not subject to price escalation. ePLDT reserves no right to adjust the contract price and/or modify the schedule of payment.

SECTION 5: TRAINING

The ePLDT shall conduct a 3-day lecture and hands-on training within three (3) calendar days from "GO-LIVE" of the site. The training must cover at least fifteen (15) personnel.

SECTION 6: CUSTOMER SUPPORT

6.1

6.2

6.3 6.4 6.5

6.6

Must have available 24x7 Network Operations Center (NOC) to provide remote hands and eyes and ensure immediate resolution of technical issues; Shall provide remote hands and eyes, which indudes: 6.3.1 Equipment power cyde (hard or soft reset); 6.3.2 cable patching to equipment (network or servers); and 6.3.3 Visual inspection of network equipment. Shall honor monthly access pass for the DICT authorized personnel; Shall observe equipment quarantine to a maximum of ten (10) minutes; Must provide equipment handling assistance from building entry going into the facility and vice versa; Shall receive packages from courier services arranged by the DI~

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SECTION 7: SERVICE LEVEL AGREEMENT

The ePLDT shall provide a Service Level Agreement that will be subject to the DICT's approval. Service level metrics shall be defined depending on the criticality level of the issue/incident.

SECTION 8: WARRANTY

8.1 ePLDT shall ensure that the Power Distribution Units (POU) are free from defects and are operational during the entire duration of the contract.

8.2 ePLDT shall also ensure all mobile computing devices must have a three (3) - year on-site warranty for repair or replacement. All units must have a warranty for battery for at least one (1) - year for replacement. Units confirmed to be non-functioning will be allowed to have a full unit replacement within thirty (30) calendar days.

8.3 Implementation of the Work Schedule shall be submitted by ePLDT within the prescribed period prior to the issuance of NTP. The same shall be approved by the DICT.

SECTION 9: UQUIDATED DAMAGES

The ePLDT shall pay liquidated damages if it fails to satisfactorily perfonn the services to the DICT within the period specified herein inclusive of duly granted time extension and for reasons or causes attributable to ePLDT. The applicable liquidated is at least one-tenth (1/10) of one percent (1%) of the cost of the unperfonned portion for every day of delay until such goods/services are finally delivered and accepted by the DICT.

SECTION 10: TAXES

In relation to this Contract, ePLDT shall pay taxes in full and on time and that failure to do so will entitle the DICT to suspend payment on services rendered by ePLDT upon prior notice and failure to comply within a reasonable time from written notice.

SECTION 11: SETTLEMENT OF DISPUTES

The parties shall make every effort to resolve amicably any dispute or difference in connection with or arising out of this contract within (30) days from notice. Any disputes arising from the implementation of this Contract covered by R.A. 9184 and its IRR shall be submitted to arbitration in the Philippines according to the provision of Republic Act No. 876, otherwise known as the "Arbitration Law" and Republic Act 9285. The parties hereby mutually agree that in case of court suit/litigation arising from this Contract, the same shall be filed with the Courts of Quezon Qty only and to the exclusion of all other courts.

SECTION 12: AMENDMENT TO THE CONTRACT

No amendments, alterations, or modifications to this Contract shall be valid on either party unless expressed in writing and executed with the same fonnality as this Contract.

If any provision of this Contract is for any reason found to be invalid or unenforceable, the remainder of this Contract shall continue in full force and eff~

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Any provisions in this Contract should be construed and implemented in accordance with the provisions of R.A. 9184 and its Implementing Rules and Regulations.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written.

OF INFORMATION AND COMMU CATIONS TECHNOLOGY

GR •

, Secretary ~

ePLDT,Inc.

~ JANVKTORI.HERNA President & Olief Executive Officer

SIGNED IN THE PRESENCE OF: ,1,_!1

ess IZTON'i( ~

CERTIFIED FUNDS AVAILABLE:

V MANUEL C. SATUITO

OIC, Budget Officer Authorized Accountant

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ACKNOWLEDGMENT

REPUBUC OF THE PHIUPPINES} CITYOF ~OJ'!'M.\Xflfl }s.s

Before me, ~ ~ ~~1!e City of , Philippines, personally appeared:

CITY OF MAKAJl'l

NAME COMPETENT PROOF ISSUED AT ISSUED ON OFIDENTYTY

GREGORIO B. HONASAN D

Known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their free act and deed.

This instrument, consisting of seven (7) pages, induding the page on which this acknowledgment is written, has been signed on each and every page the f by the parties and their witness and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand, the day,

Doc. No. Jij(J Page No. cf!' Book No . .c'.2011 Series of 2020

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00 P1lbllc:C otMokatl

Unit he 3l. 2020 llll No. 0672MI 'Mffiblf

MCUComttlon« No. Vl.0024312 A~itl,....eNo. M•113,(201t•2020)

m No. 111.014 Jan. 2. 2020 Mokd City •o1 No. 410t1

101 Utbon Ave. C~ tuedo Mdg, lrff. Pto Del P'lar, McKaf ~

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ACKNOWLEDGMENT

REPUBUC OF THE PHIUPPINES} CITY OF Ct'rV OF MAK:', " } s.s \l"~ l S. 1\\1~ . . . . Before me, ttfl\"' __ m the Oty ofcfl'\' OF MA:Kltlf : Ph1hppmes, personally appeared:

COMPETENT NAME PROOF OF ISSUED AT ISSUED ON

IDENTITY

JUAN VICTOR I. HERNANDEZ

Known to me to be the same persons who executed the foregoing instrument, and they aeknowledged ta me that the same is their free aet and deed.

This instrument, consisting of seven (7) pages, including the page on which this acknowledgment is written, has been signed on each and every page thereof by the parties and their witness and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand, the day, a and place above written.

Doc. No. 2Y7 PageNo. str BookNo.~, Series of 2020

A 0 . Z ,ub City ot Makcrfl

Ullfll Df/c ff 31, 2020 11, No. t57 f -llettrn~ Member

MCLf Comp n« Ne. Vl -0024312 Appointment No. M- 183·(201 t -2020)

PH No. II 1'014 Jan. 2.2020 Makat City loll Ne. 400'1

101 Urban Ave. Campo. lueda lldg. lrgy. Pio Otf l'llor, MokGI City

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