Special Bids and Awards Committee

SBAC Resolution No. 2 

Supply and Delivery of CF Cards-Main, CF Cards-WORM, Thermal Papers, Marking Pens, Toners and External Rechargeable Batteries for the May 13, 2013 Automated National and Local Elections
Reference No. 004-2012

Date: 18 August 2012

After due deliberation, the Special Bids and Awards Committee (SBAC) hereby APPROVES the recommendation of the Technical Working Group (TWG) and DECLARES the Joint Venture of SPH International, Inc. and Advance Paper, Inc. (SPH for brevity) as INELIGIBLE TO BID for the upply and Delivery of CF Cards-Main, CF Cards-WORM, Thermal Papers, Marking Pens, Toners and External Rechargeable Batteries for the May 13, 2013 Automated National and Local Elections in so far as Lot  4E – Toners.

SPH failed in the Single Largest Similar Contract (SLSC) requirement under Clause 5.4 of Section III Bid Data Sheet (BDS) in relation to Clause 5.4 of Section II “Instructions to Bidders” (ITB)of the Bidding Documents for this Procurement Project which provides, to wit:

Clause 12.1 (a) (iii) (iii.1-iii.6)BDS

“Bidder must have completed ONE (1) CONTRACT SIMILAR to the Project the value of which, adjusted to current prices using the National Statistics Office consumer price index, EQUIVALENT TO AT LEAST TWENTY-FIVE PERCENT (25%) of the ABC.

For this purpose, similar contracts shall refer to: Lot 4, Toners – Printer Toners.”

The TWG, upon checking the submitted documents against a checklist of required documents using a non-discretionary “pass/fail” criterion as stated in the Instruction to Bidders, found that SPH failed to show that under oath that it has completed a contract for the supply and delivery of printer toners, as its Single Largest Similar Contract (SLSC), the value of which, adjusted to current prices using the NSO CPI, is equivalent to at least 25% of the ABC for Lot 4E – Toners in the amount of Php 2,492,000.00 as required in the BDS. Note that the ABC for  Lot4E - Toners is Php 9,968,000.00.

Failing to adhere thereto as stated in the Bidding Documents in compliance with the Revised Implementing Rules and Regulations of R. A. No. 9184, SPH must be declared INELIGIBLE in so far as Lot 4E - Toners.

The BAC NOTES the Oral Manifestation of the authorized representative of SPH, Ms. Ms. Riza Jean Bantillo, that their joint venture will be filing a Motion for Reconsideration on the Resolution of the Bids and Awards Committee that declared it as INELIGIBLE within three (3) days from today.

SO ORDERED.

August 13, 2012.