Republic of the PhilippinesENERGYREGULATORYCOMMISSION

BACRESOLUTION NO. 56 , SERIES OF 2017

A Resolution of the Energy Regulatory Commission Bids and AwardsCommittee (ERC-BAC)Recommending to Declare the Biddingfor theProcurement of Three Hundred Thirty (330) Pieces Mealsfor theERC's2017 Sports Fest with the theme "Breaking Barriers" under

P.R No. 2017-07-201 as a Failure

WHEREAS, on 26 July 2017, the ERC-BAC received a Purchase Request(PR) from the Financial and Administrative Service - Administrative Division(FAS-AD) requesting for the Procurement of "Three Hundred Thirty (330) PiecesMealsJor the ERC's 2017 Sports Fest with the theme "Breaking Barriers"" underP.R. No. 2017-07-201, with the Approved Budget for Contract (ABC) of Ninety-Nine Thousand Pesos (PhP 99,000.00), VAT Inclusive;

WHEREAS, based on the 2nd Updated 2017 Annual Procurement Plan(APP), the procurement of the said goods is one of those items approved by theHead of the Procuring Entity (HoPE) on 18 July 2017, including the ABC and themode of procurement which is Small Value Procurement (SVP);

WHEREAS, on 08 August 2017, the ERC-BAC posted the Request forQuotation (RFQ) for the Procurement of "Three Hundred Thirty (330) PiecesMeals for the ERC's 2017 Sports Fest with the theme "Breaking Barriers"" underP.R. No. 2017-07-201 under SVP, which was published on 09 August 2017 andwith indicated closing date of 14 August 2017 at the website of the ERC and wassimilarly posted in the Philippine Government Electronic Procurement System(PhiIGEPS), and at the bulletin boards in the premises of the ERC;

WHEREAS, on even date, and in compliance with Annex "H" of theConsolidated Guidelines for the Alternative Method which states that: "The BACshall prepare and send the RFQs/RFPs to at least three (3) suppliers,contractors or consultants of known qualifications. This, notwithstanding, thosewho responded through any of the required postings shall be allowed toparticipate. Receipt of at least one (1) price quotation is sufficient to proceedwith the evaluation thereof', the BAC Secretariat emailed the RFQ to three (3)prospective bidders, namely: (1) Meyers Food; (2) Ignacio Catering Services; and(3) JEMS Catering Services;

WHEREAS, on 15August 2017, the ERC-BAC members, together with theBAC Technical Working Group (BAC-TWG) and the BAC-Secretariat convenedfor the opening of bids for the Procurement of "Three Hundred Thirty (330)Pieces Meals for the ERC's 2017 Sports Fest with the theme "Breaking Barriers";

Pacific Center Building. San Miguel Avenue. Pasig Cityi\lailing Address: P.O. Box 181 Greenhills. Metro ManilaFax Nos.\Vehsitc: http://w\\.\\..crc.eov.ph

Trunk line: 689-5-372 (ERC)633-32-53 • 634-86-41

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BAG RESOLUTION No. 56, Series of 2017 AMThree Hundred 111irty (330) Pieces Meals/or the ERe's 2017Sports Fest with the t"eme "Breaking Barriers"

WHEREAS, during the opening of the bids on 15August 2017, two (2)prospective suppliers namely: (1) West Heaven Food Corporation; and (2)JEMS Catering Services submitted a quotation within the prescribed periodfrom 09 August 2017 to 14August 2017;

WHEREAS, on 15 August 2017, the BAC-TWG submitted its Post-Qualification evaluation report stating that both bidders was found to be notcompliant with the requirements set by the BAC, The table below shows theeligibility documents submitted by each bidder:

Minimum Submission perRequest for Ouotation Name of Bidders

Documents Required West Heaven JEMS Catering ServicesFood

CoroorationMavor's Permit ./ xPhilGEPS Registration Number ./ ./

Income/Business Tax Return ./ ./

Omnibus Sworn Statement x ./

WHEREAS, Section 52 of the Implementing Rules and Regulations(IRR) of R. A. 9184 (the Government Procurement Reform Act or GPRA)enumerates the grounds of failure of bidding. The instructive provision ishereby quoted as follows:

Section 35. Failure of Bidding

35.1. The BAC shall declare the bidding afailure when:

a) No bids are received;

b) All prospective bidders are declared ineligible;

c)All bidsfail to comply with all the bid requirements orfail post-qualification, or, in the case of ConsultingServices, there is no successful negotiation; or

d) The bidder with the LCRB, HRRB, SCRB or SRRB refuses,without Justifiable cause, to accept the award of contract, andno award is made in accordance with Section 40 of the Actand this IRR.

xxx

Pacific Center Building. San Miguel Avenue. Pasig CityMailing Address: P.O.llox 181 Greenhills. Metro Manila\Vebsite: http://ww\u:rc.gov.ph

Trunk line: 689-5-372 (ERC)Fax Nos. 633-32-53 .634-86-41

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RAC RESOLUTION No. 56, Series of 2017 AMThree Hundred Thirty (330) Pieces Alealsfor the ERC's 2017 Sports Fest with the theme "Breaking Barriers"

NOW, THEREFORE, We, the Members of the ERC-BAC, herebyRESOLVE to recommend to the Head of the Procuring Entity (HoPE),Officer-In-Charge of ERCALFREDO J. NON to declare the Procurement of"Three Hundred Thirty (330) Pieces Meals for the ERC's 2017 Sports Fest withthe theme "Breaking Barriers"" as Failure.

RESOLVED at the ERC Main Office, Pasig City, this AUG 30J~~of August2017.

'11'~ ~ C ( (L..-u.tMARIA CORAZON C. GINES

BAC Chairperson

k;r.Y\~.. ~SHAR6'N'O. MONTANER

BAC Vice Chairperson

(~LEGARIO L. GALANG, JR.

BACMember

~RICCI GRACE M. GARCIA

BACMember

(ON OFFICIAL MEETING)RHETT ROSWELL F. MISLANG

BACMember

Approved By:

FORAND BYAUTHOIDTYOF THE COMMISSION:

ALF DOJ~ONOjficer-In-eharge of ERC

Approved on:~/9Jg/BAC Resolution No. ---S.6.-, Series of 2017 AM

Pacific Center Building, San Miguel Avenue, Pasig Cityl\lailing Address: P.O. £lox 181 Greenhills, Metro Manila\Vebsite: http://www.crc.gov.ph

Trunk line: 689-5-372 (ERC)Fax Nos. 633-32-53 • 634-86-41

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