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Republ:c of the Philippines ENERGY REGULATORY COMMISSION BACRESOLUTIONNo. ~ 0 1, Se~· ,s of 2019 AM A Resolution of the Energy Regulatory Commission Bids and Awards Committee Declaring the Biddingfor the Procurement for the Supply, Delivery and Installation of Wood Vinyl Planks as Failure WHEREAS, on July 30, 2019, the Energy Regulatory Commission Bids and Awards Committee (ERC-BAC) received from Financial and Administrative Service - General Service Division (FAS-GSD) Purchase Request No. 2019-07-122, requesting for the "Procurement of Supply, Delivery and Installation of Wood Vinyl Planks" with an Estimated Total Cost of Ninety Thousand Pesos (PhP90,OOO.00), VATInclusive; WHEREAS, based on "Supplement Nos. 1 and 2 and Update of the Original Annual Procurement Plan for FY 2019 as of 05 March 2019", wherein the said service is part and parcel of the "Office Furnitures and Fixtures" under Repair & Maintenance procurement project to be procured through the Alternative Method of Procurement of Small Value Procurement, with an Approved Budget for the Contract (ABC) in the amount of Six Hundred Thousand Pesos (PhP600,000.00); WHEREAS, on 02 August 2019, the ERC-BACposted Request for Quotation (RFQ) No. 2019-07-075 at the Philippine Government Electronic Procurement System (PhilGEPS) website, at the ERC website, and on bulletin boards within the ERC premises specifically reserved for the purpose; WHEREAS, in compliance with the Consolidated Guidelines for the Alternative Methods of Procurement (Annex "H") of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184, which states that "[tlhe BAC shall send the RFQs/RFPs to at least three (3) suppliers of known qualifications, and at least three (3) price quotations must be obtained. This, notwithstanding, those who responded through any of the required postings shall be allowed to participate", the ERC-BAC issued RFQs to three (3) prospective bidders, namely: (1) RGSA Carpets and Interior Products Inc.; (2) GT Wall Covering Supply; and (3) G. Abay Office Partitions and Fixtures; WHEREAS, in response to the RFQs issued, only one (1) bidder, AA Interiors Ent. timely submitted its sealed bid/quotation on 06 August 20 1 9; WHEREAS, on 13 August 2019, the ERC-BAC, together with the Technical Working Group (TWG) and BAC Secretariat, convened for the opening of bids submitted for the "Procurement for the Supply, Delivery and Installation of Wood Vinyl Planks"; Pacific Center Building, San Miguel Avenue, Pasig City Mailing Address: P.O. Box 181 Greenhills, Metro Manila Website: http://www.erc.gov.ph Trunk line: 689-5-372 (ERC) Fax os. 633-32-53 • 634-86-41 Page lof3

Republ:c ofthe Philippines - Energy Regulatory Commission Reso 101 s 2019 AM - Proc… · OfficePartitions and Fixtures; WHEREAS,in response to the RFQsissued, only one (1)bidder,

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Page 1: Republ:c ofthe Philippines - Energy Regulatory Commission Reso 101 s 2019 AM - Proc… · OfficePartitions and Fixtures; WHEREAS,in response to the RFQsissued, only one (1)bidder,

Republ:c of the PhilippinesENERGYREGULATORYCOMMISSION

BACRESOLUTIONNo. ~ 0 1,Se~· ,s of 2019 AM

A Resolution of the Energy Regulatory Commission Bids andAwards Committee Declaring the Biddingfor the Procurementfor the Supply, Delivery and Installation of Wood Vinyl Planks

as Failure

WHEREAS, on July 30, 2019, the Energy Regulatory CommissionBids and Awards Committee (ERC-BAC) received from Financial andAdministrative Service - General Service Division (FAS-GSD) PurchaseRequest No. 2019-07-122, requesting for the "Procurement of Supply,Delivery and Installation of Wood Vinyl Planks" with an Estimated TotalCost of Ninety Thousand Pesos (PhP90,OOO.00), VATInclusive;

WHEREAS, based on "Supplement Nos. 1 and 2 and Update of theOriginal Annual Procurement Plan for FY 2019 as of 05 March 2019",wherein the said service is part and parcel of the "Office Furnitures andFixtures" under Repair & Maintenance procurement project to be procuredthrough the Alternative Method of Procurement of Small ValueProcurement, with an Approved Budget for the Contract (ABC) in theamount of Six Hundred Thousand Pesos (PhP600,000.00);

WHEREAS, on 02 August 2019, the ERC-BACposted Request forQuotation (RFQ) No. 2019-07-075 at the Philippine Government ElectronicProcurement System (PhilGEPS) website, at the ERC website, and onbulletin boards within the ERC premises specifically reserved for thepurpose;

WHEREAS, in compliance with the Consolidated Guidelines for theAlternative Methods of Procurement (Annex "H") of the 2016 RevisedImplementing Rules and Regulations (IRR) of Republic Act No. 9184,which states that "[tlhe BAC shall send the RFQs/RFPs to at least three (3)suppliers of known qualifications, and at least three (3) price quotationsmust be obtained. This, notwithstanding, those who responded throughany of the required postings shall be allowed to participate", the ERC-BACissued RFQs to three (3) prospective bidders, namely: (1) RGSA Carpetsand Interior Products Inc.; (2) GT Wall Covering Supply; and (3) G. AbayOffice Partitions and Fixtures;

WHEREAS, in response to the RFQs issued, only one (1) bidder, AAInteriors Ent. timely submitted its sealed bid/quotation on 06 August 2019;

WHEREAS, on 13 August 2019, the ERC-BAC, together with theTechnical Working Group (TWG) and BAC Secretariat, convened for theopening of bids submitted for the "Procurement for the Supply,Delivery and Installation of Wood Vinyl Planks";

Pacific Center Building, San Miguel Avenue, Pasig CityMailing Address: P.O. Box 181 Greenhills, Metro ManilaWebsite: http://www.erc.gov.ph

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

Page lof3

Page 2: Republ:c ofthe Philippines - Energy Regulatory Commission Reso 101 s 2019 AM - Proc… · OfficePartitions and Fixtures; WHEREAS,in response to the RFQsissued, only one (1)bidder,

BAC RESOLUTION NO. _, SERIES OF 2019 AM . .A Resolution of the Energy Regulatory Commission Bids and Awards Committee Declaring the bidding for the Procurement ofSupply, Delivery and Installation of Wood Vinyl Planks as Failure

WHEREAS, during the bid opening, the TWG found that the lonebidder passed and complied with the eligibility documents specified in theRFQ;

h I f h bid f IIWHEREAS, t e resu t 0 t e 1 opemng are as 0 ows:Eligibility Documents AAInteriors Ent.

Mayor'sPermit ././

PhilGEPSRegistration (PlatinumMembership)BarangayCertification ./

Income/BusinessTaxReturn ./

OmnibusSwornStatement ./

(Notarized)FinancialBidProposal PhP67,828.oo

WHEREAS, based on the initial evaluation, the ERC-BAC found thatthe bid of AA Interiors Ent. in the amount of Sixty Seven ThousandEight Hundred Twenty Eight Pesos (PhP67,828.oo) VATinclusive, is below the ABC of Ninety Thousand Pesos(PhP90,ooo.oo). Consequently, the ERC-BAC directed the TWG toconduct post-qualification on the AA Interiors Ent.'s bid being the SingleCalculated Bid;

WHEREAS, on 14 August 2019, the TWG submitted its Post-Qualification Evaluation Report, stating that AA Interiors Ent. is notcompliant with the technical requirements as specified in the RfQ;

WHEREAS, on 20 August 2019, the BAC issued a letter toAA Interiors Ent. informing that it failed to pass the post-qualification stageand was likewise given three (3) calendar days to file its Motion forReconsideration (MR), if it so desires;

WHEREAS, the BAC Secretariat did not receive an MR from AAInteriors Ent.;

WHEREAS, under Section 35 of the IRR, the ERC-BAC shall declarethe bidding a failure when all bids failed the post-qualification. Theinstructive provision is hereby quoted as follows:

"Section 35. Failure of Bidding

a) xxx

35.1. The BAC shall declare the bidding afailure when:

b) xxx

Pacific Center Building, San Miguel Avenue, Pasig CityMailing Address: P.O. Box 181 Greenhills. Metro ManilaWebsite: http://www.erc.gov.ph

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

Page 2 of 3

Page 3: Republ:c ofthe Philippines - Energy Regulatory Commission Reso 101 s 2019 AM - Proc… · OfficePartitions and Fixtures; WHEREAS,in response to the RFQsissued, only one (1)bidder,

BAC RESOLUTION NO. _, SERIES OF 2019 AMA Resolution of the Energy Regulatory Commission Bids and Awards Committee Declaring the biddnig for the Procurement ofSupply, DelivelX and Installation of Wood Vinyl Planks as Failure

xxx

c) All bids fail to comply with all the bid requirements orfail post-qualification, x x x

d) XXX

NOW, THEREFORE, We, the Members of the Bids and AwardsCommittee, hereby DECLARE the bidding for the "Procurement ofSupply, Delivery and Installation of Wood Vinyl Planks" asFAILURE as the lone bidder failed to comply with all the bidrequirements.

RESOLVED at the ERC Main Office, Pasig City, this __ day of-~~--U--~~IY---- 2019·

~ ~LMARIA CO ON C. GINES

Chairperson

JUDITH ~"'TGOSINGVice-~h~;rson

BASILIA . ANGELESM mber

~..I.•• -¥9'•....•.~NAA. CRUZ-BUGAYONG

MemberLEGARI L. GALANG,JR.

Member

Alternate Member:

ZIERLA+S. RANAY

~LSti'£c Resolution No. _, Series of 2019AM

Pacific Center Building, San Miguel Avenue, Pasig CityMailing Address: P.O. Box 181 Greenhills, Metro ManilaWebsite: http://www.erc.gov.ph

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

Page 3 of 3