Bureau of Corrections NEW BILIBID PRISON NBP Reservation, 1776 Mumtintupa City BIDS & AWARDS COMMIT BAC RESOLUTION NO. 2018-005 Subject, RECOMMENDATION TO CANCEL THE CURRENT BIDDING ACTIVITY AND TO CONDUCT NEW BIDDING FOR THE FOOD SUBSISTENCE FOR PERSONS DEPRIVED OF LIBERTY AT MAXIMUM SECURITY COMPOUND, MEDIUM SECURITY CAMP, RECEPTION & DIAGNOSTIC CENTER AND MINIMUM SECURITY CAMP AND CORRECTIONAL INSTITUTION FOR WOMEN FOR 2018 (With an SLCC of 50%) WHEREAS, the BUREAU OF CORRECTIONS through its Bids and Awards Committee (BAC) invited prospective bidders for the Supply and Delivery of Food Subsistence for Persons Deprived of Liberty at Maximum Security Compound, Medium Security Camp, Reception & Diagnostic Center and Minimum Security Camp and Correctional Institution for Women 2018 with total Approved Budget for the Contract (ABC) in the amount of Six Hundred Sixty One Million Six Hundred Sixty Four Thousand Seven Hundred Pesos Only (PhP661,664,700.00). WHEREAS, on 13 December 2017, the BAC conducted a pre-bid conference at BAC Conference Room at around 9:00 a.m. wherein there were two (2) prospective bidders who attended and participated in the said conference, namely: AFS Eatery and EDCT Food Services. WHEREAS, on 15December 2017, the BAC issued a supplemental/bid bulletin # 2 regarding the postponement of the submission and opening of bid from December 26, 2017 (9:00 a.m.) to December 27, 2017 (9:00 am.) as per Memorandum Circular No. 37 dated 13 December 2017 signed by Executive Secretary Salvador C. Medialdea declaring 26 December 2017 as non-working holiday; WHEREAS, there was only one (1) bidder (AFS Eatery) who responded and submitted their| bids on 27 December 2017 at around 1:30p.m. at the BAC Conference Room, Bureau of Corrections; however, there was no quorum to proceed for the opening of the bids. Hence, the opening of the bids was postponed and the bid documents were secured and locked inside the glass box; WHEREAS, on 8 January 2018, by virtue of Special Order No. 005 s. 2018, BAC composition reconstituted and to be composed of the following: 1, DDGO Melvin Ramon G. Buenafe - Chairman 2. Dr, Benevito A. Fontanilla Vice-Chairman tion of bidding for the Supply and Delivery of Food Subsistence for PDL Page 1 vo sey, v3. P/Supt I Celso S. Bravo = Member 4, Atty. Daisy S. Castillote = Member 5. Ms. Marites C. Magtalas - Member 6. Mr, Manuel L. Sescat, Jr. - Member 7. Representative from the end-user unit Provisional Member; WHEREAS, Dr. Benevito A. Fontanilla was replaced by P/Supt. I Celso S. Bravo as the BAC Vice Chairman and Dr. Noel M. Marquez as adcitional memberas per Special Order No. 030 s. 2018 dated 16 January 2018; WHEREAS, on 30 January 2018, the BAC received a Memorandum from the Secretary of Justice, VNA-M-017, dated 15 January 2018, stating the following conclusion, viz.: The SLCC for the procurement of catering services Is at least fifty percent (50%) of the ABC, the Procuring Entity, in this case, the BuCor, may already require or accept bid submission whereby similar contracts from a prospective bidder may already be aggregated if, at the outset and after conducting market research, the Procuring Entity can already determine | that imposing the same will likely result to: (a) failure of bidding, or (b.) monopoly that will defeat the purpose of competitive bidding pursuant to Section 23.4.1.3 of 2016 IRR of RA 9184; WHEREAS, on same date, the BAC recommended the postponement of the opening of bid set on 02 February 2018 due to the following reason: a. The term of reference (TOR) of the subject procurement required a single largest contract eligibility of twenty-five percent (25%) of the ABC; contradicts the following rulings: a.1 The Government Procurement Policy Board ~ Technical Support Office (GPPB-TSO) issuance NPM No. 087-2016 dated 15 November 2016.Wota bene: as per personal appearance by BAC for consultation in GPPB-TSO dated 7 February 2018, the standing ruling for SLCCfor the procurement of food subsistence is 50% of ABC; | 2.2 The Commission on Audit Audit Observation Memorandum (AOM) | and Notice of Disallowance (ND) issuances dated 15 September 2017 and +06 November 2017; a.3 A Memorandum from the Secretary of Justice, DOJ, dated 15 January 2018, as cited above; WHEREAS, on 12 February 2018, Dr. Ernesto L. Tamayo, Medical Officer V, was designated as the Chairman of the BAC vice DDGO PCSupt. Melvin Ramon G. Buenafe (Ret.) CEO VI; WHEREAS, the BAC initiated the following actions, documents hereto attached, to resolve the issue on whether the single largest contract eligibility Fequirement is twenty-five or fifty percent of the ABC on the procurement of food ‘subsistence: Cancellation of bidding for the Supply and Delivery of Food Subsistence for PDL Page 2 Qe tv...snsultation with the PNP-NHQ BAC, es : B. Senta request letter for two-day serninar to GPPB dated 16 January 2016, ¢. Sent an inquiry letter to Atiy. Dennis Santiago, Exec, Dir. V of the GPPE dated 30 January 2018, d. Sent another inquiry letter to GPPB dated 7 Feb Personally visited the GPPB-TSO for consultation ret procedures on 7 February 2018; 2018, ding the SLCC and WHEREAS, on 19 February 2018, the BAC members convened and with careful deliberation of gathered documents and information and with a majority vote of the BAC members, it thereby concluded the following: @. The bid opening on the procurement of food subsistence has to be cancelled due to the following substantial and valid grounds: a.1 The SLCC eligibility requirement of 25% of the ABC is purely anchored on the expendable goods, a.2 The SLCC eligibility requirement of 50% of the ABC as required by RA 9184 is justifiable and reasonable that will redound to the benefit of the Government of the Philippines (GoP); ~ WHEREAS, due to the substantial and valid grounds for the cancellation of the current food subsistence procurement, the BAC hereby recommends its cancellation. Let a bid bulletin be issued and posted with the contents hereof; WHEREAS, the BAC-TWG shall conduct a market research for the next procurement of food subsistence in compliance to Section 23.4.1.3 of 2016 IRR of RA 9184; WHEREAS, the BAC also concluded that AFS Eatery, who has already submitted the bid documents, has the option to either refund the payment on the purchase of bid documents or patticipate on the next bidding procurement of the ‘same subject without the need to pay for the new bid documents; NOW, THEREFORE, after due deliberation and consideration of the foregoing’ premises, the Committee resolves, as it hereby resolved, to ECO! To CEL_THE IN CONDUCT NEW BIDDING for the Supply and Delivery of Food Subsistence for Persons Deprived of Liberty at Maximum Security Compound, Medium Security Camp, Reception & Diagnostic Center and Minimum Security Camp and Correctional Institution for Women for 2018 (With an SLCC of 50%). RESOLVED this 20" day of February 2018 at Bureau of Corrections, Muntinlupa City, BIDS AND AWARDS COMMITTEE bs. Bhoes por X6GE6" BONCALES ps0 aR FENG fe, MARTIN Provisional Member/End-User Provisional Member/End-User Cancellation of bidding for the Supply and Delivery of Food Subsistence for PDL Page ) XQ we dalf ueenO soi bese GUEVARRA PIS MARITES Dl LUCERO Provisional Member/End-User Provisional Member/End-User Abstain MS. MARITES C. MAGTALAS Member Cm. MARQUEZ ber ATTY. sa s: ILLOTE Memb MR. MANUEL L. SESCAR, JR. lember DR. Ni P/SUPTT |. BRAVO Vice-Chait Spay ein TAMAYO, M.D., MHSA Chairman APPROVED DISAPPROVED: rhesurr. vaLFRIE . TABIAN (RET.) Officer-In-Charge, Bure of Corrections and Deputy Director Generql Yor Administration ey ns Tye Cancellation of bi i for the Supply and Delivery of Food Subsistence for PDL