(BAC Reference No. 2011-003CV)
Date: 20 December 2011
In consonance with the imprimatur of the Commission En Banc in Resolution No.9222 and Minute Resolution No. 11-0978, the Bids and Awards Committee conducted a bidding on 23 November 2011 for the procurement of three (3) service and two (2) back-up vehicles for the use of the Honorable Commissioners, with an approved budget of Seven Million Four Hundred Thousand Pesos (Php7,400,000.00).
During said bidding however, no single bidder has submitted a bid. The Bids and Awards Committee (BAC) thus was constrained to issue BAC Resolution No. 004 dated 23 November 2011, recommending to the Commission En Banc the declaration of failure of bidding for the supply and delivery of the said vehicles. And pursuant to Section 35 of the Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184, the Technical Working Group (TWG) was instructed to conduct immediately a mandatory review and evaluation of the terms and conditions of the Bidding Documents (BD), specifications of vehicles and their cost estimates.
In compliance with the above instructions, the TWG submitted its report on 25 November 2011 which contains the following propositions:
“In relation to your instruction to review the specifications, terms and conditions and the approved budget for the contract (ABC) of service and backup vehicles subject of failed public bidding on 23 November 2011, we respectfully recommend to maintain:
- The approved specifications of the subject vehicles, as the same are already the minimum standard specifications for good quality commuter vans currently available in the market, the features of which are suitable to the comfort and security of the COMELEC Chairman and Commissioners;
- The terms and conditions of the Bidding Documents, considering that these are the relevant provisions of Republic Act. 9184 and its Revised Implementing Rules and Regulations (IRR), and the basic requirements in the purchase of vehicles.
- The approved budget for the contract, which was determined by no less than the Commission En Banc in Resolution No. 9222.The increase thereof may work against the interest of this Commission and is deemed to be contrary to COA Resolution No. 85-55A, proscribing bloated or exaggerated pricing.
Moreover, a recent canvass reveals that there is no indication of price increase in the prices of the subject vehicles from the time the Commission En Banc approved the ABC on 16 May 2011.
The same findings hold true with respect to backup vehicles.
Taking into account the aforesaid findings and recommendations of the TWG, the BD was then prepared for reposting and republication relative the conduct of a second bidding. Thereafter, on 28 November 2011, the BD was posted in the websites of the Information Technology Department (ITD) and the Election and Information Department (EID), and in conspicuous places within the COMELEC premises. It was also published in the Philippine Star, a newspaper of general and nationwide circulation, on 29 November 2011. As regards the posting of BD in the PhilGEPS website, the same was successfully posted and activated on 02 December 2011.The ITD reported that the BD was not immediately posted upon receipt of copy thereof from BAC on 26 November 2011 as said website was undergoing system maintenance.
Based on the BAC timelines as stated in the Invitation to Bid, the BAC conducted a Pre-Bid Conference on 05 December 2011 but no interested bidder came to participate or to submit a written inquiry on the provisions of the Bidding Documents.
On the scheduled submission and opening of bids on 19 December 2011, not a single prospective bidder has submitted a bid despite the widest dissemination of the procurement opportunity and the reasonableness of the price of the Bidding Documents.
WHEREFORE, the Bids and Awards Committee RESOLVED, as it hereby RESOLVES, to recommend the following:
- That a second failure of bidding for the supply and delivery of three (3) service and two (2) back-up vehicles be declared, for no prospective bidder submitted an application for eligibility and to bid during the submission and opening of bids on 19 December 2011; and,
- That the BAC be authorized to resort to any alternative methods of procurement for the purchase of the subject vehicles, in view of the said second failure of bidding, pursuant to Rule XVI of RA 9184.
20 December 2011.
SO ORDERED.
| (Sgd.) J. THADDEUS P. HERNAN Chairman |
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(Sgd.) ATTY. DIVINA E. BLAS-PEREZ Vice-Chairman |
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(Sgd.) ATTY. EFRAIM Q. BAG-ID Member |
(Sgd.) EDEN C. BOLO Member |
(Sgd.) ELIZABETH D. BALBACAL Member |
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| Posted: 12.22.11 JJSH Updated: 02.02.12 LGA |  |
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