A RESOLUTION DENYING THE MOTION FOR RECONSIDERATION OF AQUINO-DELA CRUZ ENGINEERING AND CONSRUCTION FOR FAILURE TO COMPLY

WITH SECTION 19.4 OF THE BIDDING DOCUMENTS FOR THE PROCUREMENT PROJECT "CONSTRUCTION OF NPC THREE-STOREY SCHOOL

BUILDING WITH ROOFDECK"

WHEREAS, it is the task of the Bids and Awards Committee to ensure that the Philippine Public Safety College abides by the standards set forth in Republic Act No. 9184, otherwise known as “The Government Procurement Reform Act” (as amended) and its Implementing Rules and Regulations, to all its procurement activities;

WHEREAS, the project "CONSTRUCTION OF NPC THREE-STOREY SCHOOL BUILDING WITH ROOFDECK" was subjected to Public Bidding and the Invitation to Apply for Eligibility and to Bid for the same was duly advertised in the PPSC website and in conspicuous places, as certified by the Head of the BAC Secretariat;

WHEREAS, AQUINO-DELA CRUZ ENGINEERING AND CONSRUCTION and others bought the bidding documents for the Project as evidenced by the official receipts issued for the sale of the bidding documents;

WHEREAS, on August 24, 2015, the date set for the opening of bids, after examination and evaluation of the Bid Documents (Technical Documents) submitted, the Bids and Awards Committee declared the Bid Documents (Eligibility and Technical Component) submitted by AQUINO-DELA CRUZ ENGINEERING AND CONSRUCTION as "PASSED";

WHEREAS, upon opening of the Financial Component of AQUINO-DELA CRUZ ENGINEERING AND CONSRUCTION, it was observed that Copy 1 and Copy 2 of the Bid Form were not originally signed or initialled, as such the bid was declared disqualified for failure to comply with Section 19.4 of the Bidding Documents which provides: "The bid, except for the unamended printed literature, shall be signed, and each and every page thereof shall be initialled by the duly auhtorized representative of the bidder."

WHEREAS, on August 26, 2015, a Motion for Reconsideration was filed by AQUINO-DELA CRUZ ENGINEERING AND CONSRUCTION articulating that:

"xxx such provision as afore-stated refers to the original FINANCIAL COMPONENT and not to the First and Second Copy. The reason being that Sec . 19.4 just mentioned "The bid" and have (sic) not at all

mentioned the "First Copy and "Second Copy" of the original Financial Component"

WHEREAS, after due deliberation, the members of the Bids and Awards Committee unanimously agreed to take into consideration the following in resolving the Motion for Reconsideration:

1. The Instructions to Bidders is clear and precise that the Bidder shall be responsible for the following:

6.2.a. Having taken steps to carefully examine all of the Bidding Documents; xxx

6.2.f. Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete and all statements and information provide therein are true and correct; xxx

Failure to observe any of the above responsibilities shall be at the risk of the Bidder concerned.

6.3. The Bidder, by the act of submitting its bid, shall be deemed to have inspected the site, determined the general characteristics of the contract works and the conditions for this Project and examine all instructions, forms, terms and specifications in the Bidding Documents.

6.5. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible bidder out of the data furnished by the procuring entity. xxx

6.7. Before submitting their bids, the Bidder is deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way.

2. The Bid Documents/Instructions to Bidder is clear and precise that "The bid, except for the unamended printed literature, shall be signed, and each and every page thereof shall be initialled by the duly authorized representative of the bidder."

3. That it is erroneous for the movant to interpret that the required initial on each and every page refers only to the original

Financial Component when Section 19.4 of the Bidding Documents used the words "The bid". It is elementary in the rules that it is not possible for a bidder to submit more than one bid. As such, the words "The bid" refers only to the bid submitted by the bidder which is required to be in three (3) copies and all of which are collectively considered as "The bid".

NOW, THEREFORE, We, the Members of the Bids and Awards Committee, hereby RESOLVE as it is hereby RESOLVED, to DENY the Motion for Reconsideration of AQUINO-DELA CRUZ ENGINEERING AND CONSRUCTION in connection to the decision to declare its bid as "failed" or "disqualified" for failure to comply with Section 19.4 of the Bidding Documents for the project "CONSTRUCTION OF NPC THREE-STOREY SCHOOL BUILDING WITH ROOFDECK"