Republic ofthe Philippines ATTY. PAMELA JOY T. HERRERA. Director IV-Legal Service Date: To ‘Action Required/Taken/RemarksAPPENDIX “A” CHECKLIST OF REQUIREMENTS FOR CONTRACTS, MOA AND MOU Procurement of Services Attachments Department Personnel Order (1) Endorsement letter Certificate of Availabilty of Fund J) COBAC resolution Abstract of Canvass Notice of Award Contract Contract Endorsement letter Others: MOA and MOU [DOD Attachments Endorsement letter Endorsement letter A Copy er HORMOU ICD Contract ‘Terms of Reference for Foreign Funded ny Copy of old contract if renewal Others: Annexes Others: ‘Complete (©) others: Incomplete 2020-000 4e 274 Destination Officer:sr127202 2s. doh govphidocrogistryprint php route_no=R2020-001274845 Document Tracking Information System (DTRAK) Revision} 94 No. : PHST - Office of ASec Santiago- March 30, eae ROUTING SLIP _|errectivity: March 3 2020-000048238 [ORIGINATING OFFICE: PHST- Ofice of Sec Santiago DATE: 0571272020) FivPe OF DOCUMENT? Memorandum [SUBECT: Request to review an the DOD b/w BOW and UP NIH ACTION pare FROM ro Reguineo/action | OUE DATE NAME “TAKEN /REMARKS IPHST - Office of |Legal Service 0s. ozo-os-s2 [pHST < orcs of [teg8 For Review 2020-05-19 Sif ve Lf rea uf Gis 0m wy | Ls PHET= tice | v7 cmruichuectin gilt 7 farhoud “[K reeurenf g ae ct dah. ghey grote pos2020-001274845 1" elMay 22, 2020 MEMORANDUM. TO: ATTY. PAMELA JOY T. HERERRA Director IV Legal Service (LS) FROM: _ NESTOR F. SANTIAGO, MD; MPHC, MHSA, CESO I Assistant Secretary of Health Public Health Services Team (PST) SUBJECT: for Review on the Deed of Donation and Acceptance nn the Department of Health and University of the PI = National Institut Respectfully forwarding to you the attached Deed of Donation and Acceptance between the Department of Health (DOH) and the University of the Philippines ~ National Institutes of Health (UP-NIH), for various medical equipment, supplies and other consumables. This is in view of the need to mobilize more resources in the fight against COVID-19, and to facilitate the processing of the donation and proper turnover to UP-NIH. We have incorporated the comments of your good office and may we request for your initial under the name of the Health Secretary Francisco T. Duque III. For clarifications and additional information if needed, you may contact Ms. Edylen Bea Rodriguez through (02) 8651-7800 local 2264 or email bea.gonzales7@gmail.com. ‘Thank you very much,Executive Director, UP-NIH. EVA MARIA C. CUTIONGCO-DELA PAZ, MD NESTOR F, SANTIAGO, JR, MD, MPHC, MUSA, CESO II Assistant Secretary of Health Public Health Services Team Secretary of Health Department of Health FRANCISCO T. DUQUE III, MD, MSe CARMENCITA PADILLA, MD, MAHPS Director, UP-PGH DEED OF DONATION AND ACCEPTANCE KNOW ALL MEN BY THESE PRESENTS: This Deed of Donation is entered into on the __day of 2020 in Manila, Philippines, by the DEPARTMENT OF HEALTH (DOH), a National Government Entity duly organized and existing under the laws of the Republic of the Philippines, hereinafter referred to as “DOH”, with office address at San Lazaro Compound, Rizal Avenue, Sta. Cruz, Manila, Philippines, herein represented by FRANCISCO T. DUQUE Ill, MD, MSc, Secretary of Health, as the DONOR; In favor of ‘The UNIVERSITY OF THE PHILIPPINES — NATIONAL INSTITUTES OF HEALTH (UP-NIH) established as the national health research center of the Philippines through the Health Research and Development Act of 1998, otherwise known as Republic Act 8503, through its constituent unit, University of the Philippines Manila, with office address at the 8" Floor, Central Block Building, Philippine General Hospital, Taft Avenue, Manila, represented by its Chancellor, DR. CARMENCITA D. PADILLA as the DONEE. In this Agreement, DOH and the UP-NIH are individually referred to as “Party” and collectively as “Parties.” WITNESSETH: WHEREAS, on 9 March 2020, the President signed a Proclamation No. 922 declaring a State of Public Health Emergency throughout the Philippines upon recommendation of the DOH following the confirmed local transmission of the novel coronavirus disease (COVID- 19); WHEREAS, to address the need to capacitate all accredited laboratories in the country, the DOH is investing in the acquisition of polymerase chain reaction (PCR) machine, automated extraction machine, including equipment, to provide services to the people within their catchment area; WHEREAS, in CY 2020, the DOH has committed to provide polymerase chain reaction (PCR) machine, automated extraction machine, including equipment, as an initial response to prevent the spread of the COVID-19 through immediate testing and detection in the country; WHEREAS, the University of the Philippines — National Institutes of Health plays a critical role in ensuring prevention of the spread of the virus and to augment other government and private hospital facilities; and WHEREAS, the University of the Philippines — National Institutes of Health shall provide the necessary health human resource and logistics support for the operation and maintenance of the polymerase chain reaction (PCR) machine, automated extraction machine, including equipment. NOW, THEREFORE, in consideration of the foregoing premises and subject to the conditions stipulated hereunder, the Department of Health hereby donates to the University of the Philippines — National Institutes of Health the following: ‘a, One (1) unit of polymerase chain reaction (PCR) machine; b. One (1) unit automated extraction machine; ©. One (1) unit of biomedical freezer (-80c);4. Two (2) units of high speed microcentrifuge: 30-placer with maximum of 19000 ref adjustable; ‘One (1) unit biosafety cabinet class II-A2; ‘Two (2) units of heating block (24 placer); ‘One (1) unit of 96-well plate centrfuge/spin down; Sets of PPEs; Extraction Kits as needed; Collection Kits as needed; Other laboratory supplies as needed (tube, pippettes, etc). rere oe ‘The Donee undertakes to: 1. Ensure that all equipment enumerated above are utilized in accordance with its purpose. 2. Ensure the availability of pathologist and other health personnel, consumables and supplies, utilities, and other operational expenses for the operation of the said equipment. 3. Ensure the rational use of the equipment to maximize its benefit to the Filipinos needing laboratory services. 4, Ensure the proper maintenance, out of its own resources, of the aforesaid machines and equipment; 5. Designate the Property and Supply Officer and the Chair of the University of the Philippines ~ National Institutes of Health, as the focal persons who will be coordinating with the DOH Center for Health Development for purposes of program ‘monitoring and evaluation. ‘The Donor reserves the right to revoke this Deed of Donation in case any of the aforesaid conditions are not faithfully complied with by the Donee. In case this Deed of Donation is revoked, the Donee shall surrender the machines and equipment, to the Donor within fifteen (15) days from receipt of the Notice of Revocation. Ownership of the said machines and equipment shall then vest to the Donor effective upon receipt by the Donee of the Notice of Revocation. And the Donee shall have seven (7) days from receipt of the Notice of Revocation to transfer the possession of the machines and equipment, to the Donor. IN WITNESS WHEREOF, the Parties here under set their hand on the date and place above mentioned. ACCEPTANCE ‘The DONE hereby accepts the foregoing donation together with the conditions herein imposed and hereby expresses its sincere appreciation and gratitude for the kindness, support and liberality shown by the DONOR. DONOR: DONEE: DEPARTMENT OF HEALTH UNIVERSITY OF THE PHILIPPINES — NATIONAL INSTITUTES OF HEALTH FRANCISCO T. DUQUE III, MD, MSc. CARMENCITA D. PADILLA, MD, MAHPS Secretary of Health, Chancellor ~ UP Manila WITNESSES: NESTOR F. SANTIAGO, JR, MD, EVA MARIA C. CUTIONGCO-DELA PAZ, MD ‘MPHC, MBSA, CESO I "Executive Director, UP-NIH. Assistant Secretary of Health, Public Health Services TeamACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) Manila )S.8. BEFORE ME, personally appeared the following persons: ‘Name ‘Competent Proof of | __Date/Place Issued Identity DR. FRANCISCO T. DUQUE I Department of Health Executive Director, UP-NIH. DR. CARMENCITA PADILLA University of the Philippines - Manila EVA MARIA C. CUTIONGCO-DELA PAZ, MD Personally known to me to be the same persons who executed the foregoing Deed of Donation and Acceptance for and on behalf of the entities represented herein, and they acknowledged to me that the same is their free and voluntary act and deed as well as that of the principals represented herein. I hereby certify that this document, consisting of Four (4) pages including this page on which this acknowledgment is written, has been signed by the Parties and their instrumental witnesses _at the foot thereof and on each and every page of this Deed of Donation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this day of. 2020 at Manila, Philippines. Assistant Secretary of Health Puhlic Health Serviees Team Doc. No. Page No. Book No. Series of 2020 Notary Public NESTOR F, SANTIAGO, JR., MD, MPHC, MHSA, CESO II MAHPS FRANCISCO T. DUQUE Ill, MD, MSe Secretary of Health Denartment of Health UP-PGH Direct CARMENCITA PADILLA, MI[Republic ofthe Philippines Department of Health LEGAL SERVICE 2, Building 12, San Lazaro Compound, Rizal Avenue, Sa, Cruz 1003 Manila “Trunk Line 681-7800 loal 256-61 Telefax: 781-2698 [URL hte doh go. ph ema: doilegalsrics@doh gov h MEMORANDUM FOR : ASEC. NESTOR F. SANTIAGO, MD, MPHC, MHSA, CESO II Assistant Secretary aif Health, Public Health Service Team FROM : ATTY. PAMELA JOYT. HERRERA. Director IV, DOH-Legal Service SUBJECT : Request for Review on the Deed of Donation and Acceptance between the Department of Health (DOH) and University of the Philippines-National Institutes of Health (UP-NIH) DATE: May 14,2020 This refers to your Memorandum, which was received by this Office, on May 12, 2020, requesting for the review of the Deed of Donation and Acceptance between the Department of Health (DOH) and University of the Philippines-National Institutes of Health (UP-NIH) for various medical equipment, supplies and other consumable necessary to mobilize more resources in the fight against COVID-19. In view of the foregoing, we submit our comments and observations on the draft Deed of Donation and Acceptance as follows: 1) We observed a lengthy introduction contained in the first three (3) Whereas clauses, We suggest that it be omitted to make havea concise and brief introduction that explains the reasons for the execution of the said Deed. 2) In the said draft, we note that the subjects of the donation are equipment to be utilized by the laboratory personnel in addressing the COVID-19 situation. We suggest that the equipment be listed in an itemized manner for easier reference. 3) Likewise, we observed that one of the listed subjects of the donation is worded in the following manner: “other consumables and supplies”. It is a general and sweeping, statement of the subject, which can admit different interpretation. We suggest that the other consumables and supplies that are to be donated must be specifically stated in the said draft Deed, Page 1of24) Lastly, we recommend that the word “ACCEPTED” be changed into “ACCEPTANCE” and be placed after the paragraph that indicates the donor reserving his right to revoke the Deed. In addition to that, we recommend that an acceptance clause be stated below the word “ACCEPTANCE”. We suggest the following, acceptance clause for your reference: “The DONEE hereby accepts the foregoing donation together with the conditions herein imposed and hereby expresses its sincere appreciation and gratitude for the kindness, support and liberality shown by the DONOR.” In fine, we respectfully return the subject draft Deed of Donation and Acceptance together with our above-mentioned comments and recommendations for your consideration and reference. ‘Thank you. Pagez of?Republic of the Philippines Department of Health OFFICE OF THE SECRETARY May 12, 2020 MEMORANDUM. TO: ATTY. PAMELA JOY T. HERERRA Director IV Legal Service (LS) qQ. FROM: _ NESTOR F. SANTIAGO, MD, MPHC, MHSA, CESO II Assistant Secretary of Health Public Health Services Team (PHST) SUBJECT: wuest for Review on the Deed of Donation_and Acceptance between the Department of Health and University of the Philippines = National Institutes of Health Respectfully requesting for review and recommendations of the attached Deed of Donation and Acceptance between the Department of Health (DOH) and the University of the Philippines — ‘National Institutes of Health (UP-NIH), for various medical equipment, supplies and other consumables. This is in view of the need to mobilize more resources in the fight against COVID-19, and to facilitate the processing of the donation and proper turnover to UP-PGH. For clarifications and additional information if needed, you may contact Ms. Edylen Bea Rodriguez through (02) 8651-7800 local 2264 or email bea.gonzales7@gmail.com. ‘Thank you very much. UEP ARTMENT OF HEALTH | LEGAL SERVICE RECEIVED BY:. DATE: (re —_S'SP Building 1, Sen Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila © Trunk Line 651-7800 loal 1113, 108, 1138 ‘Direct Line: 711-9503 Fax: (02) 743-1824 # URL: hap:/ra. doh gov.ph # email fduque@®doh gov:ph LLLEVA MARIA C, CUTIONGCO-DELA PAZ, MD Executive Director, UP-NIH NESTOR F, SANTIAGO, JR., MD, MPHC, MHSA, CESO IL ‘Assistant Secretary of Health Public Health Services Team Secretary of Health Department of Health FRANCISCO T, DUQUE III, MD, MSe (CARMENCITA PADILLA, MD, MAHPS Director, UP-PGH DEED OF DONATION AND ACCEPTANCE KNOW ALL MEN BY THESE PRESENTS: ‘This Deed of Donation is entered into on the __day of 2020 in Manila, Philippines, by the DEPARTMENT OF HEALTH (DOH), a National Government Entity duly organized and existing under the laws of the Republic of the Philippines, hereinafter referred to as “DOH”, with office address at San Lazaro Compound, Rizal Avenue, Sta. ‘Cruz, Manila, Philippines, herein represented by FRANCISCO T. DUQUE III, MD, MSc, Secretary of Health, as the DONOR; In favor of ‘The UNIVERSITY OF THE PHILIPPINES - NATIONAL INSTITUTES OF HEALTH (UP-NIH) established as the national health research center of the Philippines through the Health Research and Development Act of 1998, otherwise known as Republic Act 8503, through its constituent unit, University of the Philippines Manila, with office address at the 8" Floor, Central Block Building, Philippine General Hospital, Taft Avenue, Manila, represented by its Chancellor, DR. CARMENCITA D. PADILLA as the DONEE. In this Agreement, DOH and the UP-NIH are individually referred to as “Party” and collectively as “Parties.” WITNESSETH: WHEREAS, Article II, Section 15 of the Constitution of the Republic of the Philippine, the State recognizes shall protect and promote the right to health of the people and instill health consciousness among them; WHEREAS, Section 7 of RA No. 11332, authorizes the Department of Health (DOH) Secretary to declare epidemics of national and/or international concern, and the President to declare the State of Public Health Emergency and mobilize governmental and nongovernmental agencies to respond to the threat; WHEREAS, Section 3 of RA No. 11332, defines Public Health Emergency as an “occurrence of an imminent threat of an illness or health condition, which could pose a high probability of a large number of deaths in an affected population or widespread exposure to an infectious agent that pose a significant risk of substantial harm to a large number of people affected population; WHEREAS, on 9 March 2020, the President signed a Proclamation No. 922 declaring a State of Public Health Emergency throughout the Philippines upon recommendation of the DOH following the confirmed local transmission of the novel coronavirus disease (COVID- 19); WHEREAS, to address the need to capacitate all accredited laboratories in the country, the DOH is investing in the acquisition of polymerase chain reaction (PCR) machine, automated extraction machine, including equipment, to provide services to the people within their catchment area; WHEREAS, in CY 2020, the DOH has committed to provide polymerase chain reaction (PCR) machine, automated extraction machine, including equipment, as an initial responseExecutive Director, UP-NIH EVA MARIA C, CUTIONGCO-DELA PAZ, MD_ NESTOR F. SANTIAGO, JR., MD, MPHC, MBSA, CESO IL ‘Assistant Secretary of Health Secretary of Health LA,MD,MAHPS FRANCISCO 'T. DUQUE III, MD, MSe Director, UP-PGH (CARMENCITA PADI to prevent the spread of the COVID-19 through immediate testing and detection in the country; WHEREAS, the University of the Philippines — National Institutes of Health plays a critical role in ensuring prevention of the spread of the virus and to augment other government and private hospital facilities; and WHEREAS, the University of the Philippines ~ National Institutes of Health shall provide the necessary health human resource and logistics support for the operation and maintenance of the polymerase chain reaction (PCR) machine, automated extraction machine, including ‘equipment. NOW, THEREFORE, in consideration of the foregoing premises and subject to the conditions stipulated hereunder, the Department of Health hereby donates to the University of the Philippines — National Institutes of Health, one (1) unit of polymerase chain reaction (PCR) machine, one (1) unit automated extraction machine, one (1) automated extraction machine, one (1) unit of biomedical freezer (-80c), two (2) units of high speed microcentrifuge: 30-placer with maximum of 19000 ref adjustable, one (1) unit biosafety cabinet class II-A2, two (2) units of heating block (24 placer), one (1) unit of 96-well plate centrifuge’spin down, sets of PEs, other consumables and supplies, ‘The Donee undertakes to: 1. Ensure that all equipment enumerated above are utilized in accordance with its purpose. 2. Ensure the availability of pathologist and other health personnel, consumables and supplies, utilities, and other operational expenses for the operation of the said equipment. 3. Ensure the rational use of the equipment to maximize its benefit to the Filipinos needing laboratory services. 4. Ensure the proper maintenance, out of its own resources, of the aforesaid machines and equipment; 5. Designate the Property and Supply Officer and the Chair of the University of the Philippines — National Institutes of Health, as the focal persons who will be coordinating with the DOH Center for Health Development for purposes of program monitoring and evaluation. The Donor reserves the right to revoke this Deed of Donation in case any of the aforesaid conditions are not faithfully complied with by the Donee. In case this Deed of Donation is revoked, the Donee shall surrender the machines and equipment, to the Donor within fifteen (15) days from receipt of the Notice of Revocation. Ownership of the said machines and equipment shall then vest to the Donor effective upon receipt by the Donee of the Notice of, Revocation. And the Donee shall have seven (7) days from receipt of the Notice of Revocation to transfer the possession of the machines and equipment, to the Donor. IN WITNESS WHEREOF, the Parties here under set their hand on the date and place above mentioned. ACCEPTED, DONOR: DONE! DEPARTMENT OF HEALTH UNIVERSITY OF THE PHILIPPINES ~ NATIONAL INSTITUTES OF HEALTH. FRANCISCO T. DUQUE III, MD, MSc. CARMENCITA D. PADILLA, MD, MAHPS Secretary of Health Chancellor ~ UP ManilaEVA MARIA C. CUTIONGCO-DELA PAZ, MD NESTOR F. SANTIAGO, JR., MD, MPHC, MHSA, CESO II Assistant Secretary of Health Phihtie Health Services Tear Secretary of Health Deenariment of Health FRANCISCO T. DUQUE III, MD, MSe (CARMENCITA PADILLA, MD, MAHPS Director, UP-PGH. WITNESSES: NESTOR F. SANTIAGO, JR., MD, EVA MARIA C. CUTIONGCO-DELA PAZ, MD MPHC, MHSA, CESO IL ‘Executive Director, UP-NIH Assistant Secretary of Health, Public Health Services Team ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) Manila )S.S. BEFORE ME, personally appeared the following persons: ‘Name Competent Proof of | Date/Place Issued Identity DR. FRANCISCO T. DUQUE lit Department of Health DR. CARMENCITA PADILLA, University of the Philippines - Manila Personally known to me to be the same persons who executed the foregoing Deed of Donation and Acceptance for and on behalf of the entities represented herein, and they acknowledged to me that the same is their free and voluntary act and deed as well as that of the principals represented herein. T hereby certify that this document, consisting of three (3) pages including this page on which this acknowledgment is written, has been signed by the Parties and their instrumental witnesses at the foot thereof and on each and every page of this Deed of Donation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this, day of 2020 at Manila, Philippines. Doc. No. ; Page No. ‘ Book No. i Series of 2020 Notary Public