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BAC Resolution

No.247, s.2018

BAC RESOLUTION DECLARING 2ND FAILURE OF

BIDDING & TO PROCEED WITH NEGOTIATED

PROCUREMENT of 12 pages

BAC Resolution No. 247, series of 2018

BAC RESOLUTION DECLARING 2ND FAILURE OF BIDDING & TO

PROCEED WITH NEGOTIATED PROCUREMENT

Contract: “ONE LOT CONSTRUCTION OF A FOURTEEN-STOREY REINFORCED CONCRETE BUILDING

COMPRISING FOUR-STOREY MULTI-USE PODIUM, TEN-STOREY ACCOMMODATION TOWER WITH

ROOF DECK AND BASEMENT PARKING & UTILITIES IN DAP CONFERENCE CENTER IN TAGAYTAY

CITY FOR THE PURPOSES OF “STRENGTHENING THE CAPACITY OF THE DEVELOPMENT ACADEMY OF

THE PHILIPPINES TO PROVIDE BOTH GENERAL & HIGHLY SPECIALIZED TRAINING COURSES FOR

GOVERNMENT OFFICIALS”

ABC: P838,000,000.00 Bidding No.

IB18-381683-03

WHEREAS, the Academy advertised on September 19, 2018 (Wednesday) the

Invitation to Bid of the contract cited above in one of the newspaper in nationwide

general circulation (The Philippine Star) and posted the same in the PhilGEPS

Website, DAP Website, and conspicuous places at the DAP Pasig premises

continuously for seven (7) calendar days;

WHEREAS, five (5) prospective bidders bought the Official Bid Documents (OBD),

namely: [a] ICON Construction & Builders Corporation (ICBC); [b] Embrocal

Builders, Inc. (EBI); [c] A.G. Araja Construction and Development Corporation

(AGACDC); [d] S.C. Megaworld Construction and Development Corporation

(SCMCDC); and [e] E.M. Cuerpo, Inc. (EMCI) at P75,000.00 each;

WHEREAS, on the scheduled Submission and Opening of Bids last 10 October

2018 (Wednesday), only four (4) bidders tendered their Bids, namely:

1. Embrocal Builders, Inc. (EBI), submitted at 09:20 AM;

2. S.C. Megaworld Construction and Development Corporation (SCMCDC),

submitted at 09:22 AM

3. ICON Construction & Builders Corporation (ICBC), submitted at 09:41 AM;

and,

4. E.M. Cuerpo, Inc. (EMCI), submitted at 09:46 AM

WHEREAS, a Letter of Regret1 was submitted by AGACDC on the same date of the

Submission and Opening of Bids;

WHEREAS, during the said scheduled Submission and Opening of Bids, the Bids

submitted by Embrocal Builders, Inc. (EBI) and S.C. Megaworld Construction and

Development Corporation were declared by the Bids and Awards Committee (BAC)

as “PASSED” subject to further evaluation of their Eligibility, Technical, and

Financial Documents;

1 Annex “A” – Letter of Regret from AGACDC

development academy of the philippines B I D S & A W A R D S C O M M I T T E E (SO NO.2018-035)

BAC Resolution

No.247, s.2018




C:\Users\DAP\Documents\BAC\NTB 2018\BAC Resolution No. 247, s. 2018 - Failure of Bidding and to NegoProcX.docx

WHEREAS, on 17 October 2018, upon evaluation and validation of the bids

submitted, the BAC declared the bid of SCMCDC as the LOWEST CALCULATED

BID2 (LCB) and furnished bidders, thru email, on the declaration of the LCB and the

commencement of the Post-Qualification process. However, a Notice of

Disqualification3 was sent to EBI on the same day;

WHEREAS, on the instruction from the BAC to proceed with the Post-Qualification of

the bid submitted by SCMCDC, the BAC Technical Working Group (BAC-TWG)

convened and conducted their Post-Qualification on the bid submitted by the LCB;

WHEREAS, on 25 October 2018, the BAC-TWG presented their findings and

recommendations to the BAC and was then deliberated by the BAC as to

SCMCDC’s bid responsiveness and upon BAC’s deliberation, the bid submitted by

SCMCDC was then declared “non-responsive”;

WHEREAS, on 26 October 2018, a Notice of Post-Disqualification4 to SCMCDC was

sent thru email;

WHEREAS, on the consideration of the procedure set forth by 2016 Revised

Implementing Rules and Regulations of RA 9184, the exhaustion of filing a Request

for Reconsideration within three (3) calendar days has already lapsed resulting to a

failure of bidding; and

WHEREAS, the BAC declared the 2nd Bidding for the Project as “FAILED” and recommending for the approval of the Head of the Procuring Entity (HoPE) to proceed with the Negotiated Procurement as per Section 53.1 of the 2016 Revised Implementing Rules and Regulations of RA 9184. NOW, THEREFORE, we, the members of the BAC as per SO No. 2018-035 hereby RESOLVED as it is hereby RESOLVED:

1. To declare the 2nd Failure of Bidding for the Project; and

2. To recommend to the HoPE the approval of declaring 2nd FAILURE OF BIDDING for Project herein described and approval to proceed with the Negotiated Procurement as per Section 53.1 of the 2016 Revised IRR of RA 9184.

RESOLVED on this 30th day of October 2018.

2 Annex “B” – BAC Resolution No. 217, s. 2018

3 Annex “C” – Notice of Disqualification of EBI

4 Annex “D” – Notice of Post-Disqualification of SCMCDC

BAC Resolution

No.247, s.2018





Concurred by the BIDS & AWARDS COMMITTEE SO#2018-035 dated 26 April 2018

-signed-

MONICA D. SALIENDRES BAC Alternate Member 1

-signed-

IMMANUEL A. MAGALIT BAC Member 2

-signed-

ALVIN P. PRINCIPE BAC Alternate Member

-signed-

MONINA A.R. DE ARMAS BAC Member 4

-signed-

ERMARIE A. MONDEJAR BAC End-User’s Representative

-signed-

TRYGVE A. BOLANTE BAC Vice-Chairperson

Approved by:

-signed-

BERNARDO A. DIZON Chairperson, BAC (SO-2018-035)

Reviewed as Legally Compliant: Certified as to Certificate of Availability of Funds:

Prepared by:

-signed-

ATTY. MARY ANNABELLE CRUZ- DOMINGO

DAP Legal Officer, Corp Office

-signed-

ANATALIA SD. BARAWIDAN Acting Managing Director, Finance

Department

-signed-

ATTY. REMUS ROMANO A. REYES Director, BAC Secretariat /Admin

Department

BAC Resolution

No.247, s.2018




Annex “A” Page 1 of 1

BAC Resolution

No.247, s.2018





Annex “B” Page 1 of 3

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No.247, s.2018






BAC Resolution

No.247, s.2018





Annex “C” Page 1 of 2

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Annex “C” Page 2 of 2

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Annex “D” Page 1 of 3

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No.247, s.2018




