WHEREAS, the Agency has has adopted an Information Systems Strategic Plan defining the computerization framework for the strategic use of modern Information and Communications Technology ("ICT") to successfully carry out its Agency mission and functions;
WHEREAS, under such plan, the Agency seeks to enhance the delivery of its frontline services and transactions, improve internal and business processes to ensure greater transparency, efficiency and effectiveness in Agency operations, and allow easier and wider public access to government information and services;
WHEREAS, to partly implement that plan, the Agency obtained the approval of the Investment Coordination Committee ("ICC") of the National Economic and Development Authority ("NEDA") Board on [●], 2009, to develop and carry out the [Name of Agency] Information and Communications Technology Modernization Project under a build-operate-and-transfer (BOT) contractual arrangement in accordance with Republic Act No. 6957, as amended, and its Implementing Rules and Regulations and the Guidelines on the Preparation, Review and Approval, and Implementation of Information and Communications Technology Projects Proposed for Financing Under Republic Act No. 6957, as amended (the "BOT Law");
WHEREAS, the Company has been selected by the Agency to undertake the Project on the terms and conditions set forth in this Agreement as the result of a competitive public bidding process conducted by the Agency under the applicable provisions of the BOT Law.
NOW THEREFORE, for and in consideration of these premises and the mutual commitments, obligations and undertakings assumed and accepted hereunder, the Parties have agreed as follows: