Project Proposal Template in Deped

PROJECT PROPOSAL AND SERVICES AGREEMENT (DEPED COMPLIANCE TEMPLATE)

DOCUMENT ID: DEPED-PROJ-AGMT-2024-001
EFFECTIVE DATE: [Effective Date]
VERSION: 1.0
GOVERNING JURISDICTION: Republic of the Philippines

STATUTORY & LEGAL COMPLIANCE NOTICE

This document is a template designed to align with Department of Education (DepEd) project procurement standards and General Conditions of Contract (GCC). While this document is drafted with high-level professional rigor, it does not constitute specific legal advice. Users must ensure compliance with Republic Act No. 9184 (Government Procurement Reform Act) and its Implementing Rules and Regulations (IRR) where applicable. Consult with qualified legal counsel regarding local ordinances or specific Department Orders (DO) relevant to the project scope.

---

I. PARTIES AND RECITALS

This Project Proposal and Services Agreement (“Agreement”) is entered into as of the [Effective Date] (the “Effective Date”) by and between:

[COMPANY/SERVICE PROVIDER FULL LEGAL NAME], a corporation organized and existing under the laws of the Republic of the Philippines, with principal office located at [Principal Address] (“Service Provider”); AND

[CLIENT/DEPED OFFICE/SCHOOL NAME], a government entity/office under the Department of Education, with office address located at [Principal Address] (“Client”).

Collectively referred to as the “Parties.”

---

II. OPERATIVE CLAUSES

1. SCOPE OF SERVICES

The Service Provider shall perform the services described in the "Project Proposal" (Exhibit A attached hereto), encompassing all technical, administrative, and logistical deliverables required for [Project Name]. The Service Provider warrants that all services shall be performed in accordance with DepEd’s technical specifications and prevailing professional standards.

2. COMPENSATION AND PAYMENT TERMS

2.1 Consideration: The Client shall pay the Service Provider the total sum of [Amount in USD/PHP] (“Contract Price”). 2.2 Invoicing: Payment shall be made based on milestones defined in Exhibit A. The Service Provider shall submit a formal Billing Statement supported by a Certificate of Acceptance/Completion. 2.3 Late Payment: Any undisputed invoice remaining unpaid thirty (30) days after the due date shall accrue interest at a rate of one percent (1%) per month or the maximum rate permitted by law, whichever is lower.

3. TERM AND TERMINATION

3.1 Term: This Agreement shall commence on the Effective Date and remain in force until the completion of services or [End Date], unless terminated earlier. 3.2 Termination for Convenience: The Client may terminate this Agreement upon thirty (30) days' written notice, subject to payment for services rendered up to the date of termination. 3.3 Termination for Breach: Either party may terminate this Agreement immediately upon written notice if the other party commits a material breach and fails to cure such breach within fifteen (15) days of receipt of notice.

4. INTELLECTUAL PROPERTY AND WORK MADE FOR HIRE

All deliverables, reports, software, designs, and documents developed by the Service Provider specifically for the Client under this Agreement shall be deemed "work made for hire" and shall remain the exclusive property of the Client. The Service Provider hereby assigns all rights, title, and interest in such deliverables to the Client.

5. MUTUAL CONFIDENTIALITY

The Parties agree to maintain the confidentiality of all proprietary, non-public information disclosed during the term of this Agreement. This obligation survives the termination of this Agreement for a period of five (5) years.

6. REPRESENTATIONS AND WARRANTIES

The Service Provider represents that: (i) it has the legal authority to enter this Agreement; (ii) it possesses the necessary expertise and licenses to perform the services; and (iii) the services shall not infringe upon the intellectual property rights of any third party.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1 Limitation: To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, or consequential damages. 7.2 Indemnification: The Service Provider agrees to indemnify and hold harmless the Client from any claims, damages, or expenses arising from the Service Provider’s gross negligence or willful misconduct in the performance of services.

8. DISPUTE RESOLUTION AND GOVERNING LAW

This Agreement shall be governed by the laws of the Republic of the Philippines. Any dispute arising from this Agreement shall be settled through amicable negotiation. If negotiation fails, the parties agree to submit to the exclusive jurisdiction of the competent courts of [City/Municipality], Philippines.

9. MISCELLANEOUS

9.1 Severability: If any provision of this Agreement is held to be unenforceable, the remaining provisions shall continue in full force. 9.2 Entire Agreement: This document constitutes the entire agreement between the Parties and supersedes all prior proposals or understandings. 9.3 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original.

---

III. EXECUTION AND FORMAL SIGNATURE BLOCKS

FOR [COMPANY FULL LEGAL NAME]: Signature: _____________________________________ Printed Name: [Authorized Signatory Name] Title: [Title / Role] Company: [Company Legal Name] Date: [Date]

FOR [CLIENT / DEPED OFFICE NAME]: Signature: _____________________________________ Printed Name: [Authorized Signatory Name] Title: [Title / Role] Date: [Date]

---

IV. STEP-BY-STEP EXECUTION AND FILING GUIDE

1. Preparation: Open this document in your preferred word processor. Use the [ ] brackets as prompts. Replace all instances (including headers) with the specific project details.
2. Verification of Authority: Before signing, ensure the "Authorized Signatory" for the DepEd office is the Head of the Procuring Entity (HOPE) or their duly authorized representative as evidenced by a Special Power of Attorney or Board Resolution.
3. Exhibit Attachment: Ensure the "Project Proposal" detailing technical specifications, timelines, and payment milestones is physically attached and labeled as Exhibit A.
4. Digital Signature: Utilize an e-signature platform (e.g., DocuSign, Adobe Sign) that complies with the Electronic Commerce Act of the Philippines (RA 8792). Ensure an audit trail is generated for the signature process.
5. Notarization: Given the government nature of the Client, ensure the contract is notarized to be admissible as a public document in Philippine courts.
6. Record Retention: Retain one original signed hard copy in the project folder and one digital archive in a secured, encrypted cloud environment for a minimum of ten (10) years in accordance with government document disposal policies.