Republic of the Philippines

PROVINCE OF ALBAY
Legazpi City

BIDS AND AWARDS COMMITTEE

L
Provinciul Glternncnt of Albay
(os2) 742-0732
a Ib al'. b o t{ox nu i l. c o nr

BAC Resolution No. 058, series of 2021

A RESOLUTION IMPLEMENTING THE THREE.STRIKE POLICY AGAINST

VIOLATIONS OF SECTION 69.1.i OF THE REVISED IRR OF RA 9184 IN THE
PROCUREMENT OF CONTRACTS FOR INFRASTRUCTURE, GOODS AND
CONSULTING SERVICES, SUBJECT TO THE APPROVAL OF HON. AL FRANCIS C.
BICHARA, GOVERNOR OF THE PROVINCE OF ALBAY

WHEREAS, Section 69.1. Rule XXlll (Administrative Sanctions) of the

lmplementing Rules and Regulations (lRR) of Republic Act No. 9184 states that the Head
of the Procuring Entity (HOPE), subject to the authority delegated to the BAC, if any, "sha//
impose on bidders or prospective bidders, the administrative penalty of suspension for
one (1) year for the first offense, and suspensio n of two (2) years for the second offense
from participating in the public bidding process, as well as disqualification from further
participating in the public bidding being underlaken by the procuring entity concerned,
where applicable, for the following violations", among others Sectlon 69.7.i. which states,
"All other acts that tend to defeat the purpose of competitive bidding, such as
habitually withdrawing from bidding, submitting late bids or patently insufficient
bid, for at least three (3) times within a year, except for valid reasons.";

WHEREAS, in order to promote professionalism, accountability, and to further

strengthen the integrity of the competitive bidding process, there is a need to implement
policies and systems to enforce penalties for violations under the above provision, to be
known as the'3-STRIKE POLICY';

NOW, THEREFORE, in view of the attendant circumstances, we, the Bids and
Awards Committee (BAC), HEREBY RESOLVES, AS lT IS HEREBY RESOLVED, to
adopt a three (3)-strike Policy in the procurement of contract for lnfrastructure works,
goods and consulting services and thus, issue and prescribe the following guidelines:

1. VIOLATIONS -Any of the following acts committed by a bidder shall be considered

an act that tends to defeat the purpose of public bidding such as, but not limited
to, the following:

a. A bidder that had purchased bidding documents, but subsequently (a)

withdrawn from the bidding or (b) submitted a letter of non-participation,
or (c) did not submit a bid - without a valid cause, as determined by the
Bids and Awards Committee (BAC).
BAC Resolution No- 058
Dated January 28, 2021

-- page 2 of 4--

b. A bidder submitting a late bid without a valid cause, as determined by the

BAC concerned.

c. A bidder submitting insufficienUdefective documents, such as insufficient

bid securities and other deficiencies.

d. Other acts that tend to defeat the purpose of public bidding, as

determined by the BAC, provided that these acts had been indicated or
discussed in the lnstruction to Bidders, Bid Bulletins, Notices, Minutes of
Pre-Bid Conference or other similar instruments.

2. Each"offense"byabidderreferredtoinSection69.l.ioftheRevisedlRRof9lS4
shall also be considered an infraction/violation and shall be counted as one strike
within a period of one year starting from January of every year for all for all
procurement by the Bids and Awards Committee of the Provincial Government of
Albay;

3. Every time a bidder is observed to have done any of the four acts enumerated in
Item 1 of this Resolution and has committed any of the offenses under Section
69.1.i of the Revised IRR of RA 9184, the Chairperson of the BAC shall
immediately serve a written notice to the bidder informing him of his act, and giving
him five (5) days to show cause why he should not be sanctioned under this
Resolution for committing an act which tends to defeat the purpose of public
bidding.

4. Based on the evaluation by the BAC of the bidder's response to the show-cause
notice as stated in the preceding paragraph of this Resolution, the BAC shall, within
seven (7) days from receipt of the bidder's response, determine whether the
bidder's act was done with or without a valid cause.

5. For every bidding conducted - regardless of whether or not any violation of the 3-
strike Policy is committed - the BAC, thru its Chairman, shall submit to the Head
of the Procuring Entity (HoPE) a 3-Strike Policy Report, using the attached form,
which shall contain the information in items 3 and 4 of this Resolution.

6. The BAC shall monitor the participation of bidders in all of its projects and maintain
a tally of violations by each bidder of the 3-strike policy. For monitoring purposes,
the BAC shall submit to the Provincial Legal Office the list of bidders which
committed a violation under this Resolution. The list then shall be fonvarded to the
BAC Secretariat for posting at the PGA Bulletin Board or in one of the conspicuous
places in the Provincial Capitol and at the official website of the PGA.
BAC Resolution No. 058
Dated January 28, 2027

-- page 3 of 4--

7. Based on the 3-Strike Reports, the BAC, in coordination with the Provincial Legal
Office, shall recommend to the HoPE, for approval, the following administrative
sanctions on the erring contractor for violation of the 3-strike policy:

(a) For the first violation or strike - a first warning.

(b) For the second strike - a second warning

(c) For the third strike, which together with the first two strikes, constitutes the first
offense against the 3-strike policy - an administrative penalty of suspension
for one (1) year from participating in any procurement process of the Provincial
Government of Albay.

(d) For the second offense - (bidder has committed three strikes after serving the
one-year suspension above) - an administrative penalty of suspension for
two (2) years from participation in any procurement process of the Provincial
Government of Albay.

RESOLVED FURTHER, that copy of this Resolution be forwarded to the

Honorable Governor for his information and approval.

RESOLVED FINALLY, that this Resolution shall take effect upon approval of the
Governor.

RESOLVED, this 28th day of January, 2021 at the Albay Provincial Capitol, Legazpi
City

DANTE B. LAO
BAC Chairman

O M. PAVIA
ice-C hairman "m'l,cocAsA
BAC Member
:
BAC Resolution No. 058
Dated January 28 1 2021

-- page 4 of 4--

E RSADO LE M.
BAC I BAC Member

J NOEL R. RUBIO
BAC Member

APPROVED:

*
A L FRAN ICHARA

a!