ARGE CONSTRUCTION AND SUPPLY

General Contractor & Builders

H.K. Doton St, Poblacion 3, Cotabato City
Contact No: 09568094082
Email Add: ARGECS123@GMAIL.COM
TEL. No: (064) 557-1181

July 9, 2021

ANWAR A. MOKAMAD
BAC CHAIRMAN
MPW-BARMM Maguindanao 1st District Engineering Office
P.C. Hill, Cotabato City

MOTION FOR RECONSIDERATION

Dear Sir,
Greetings of Peace and Solidarity!

The undersigned respectfully seeks the reconsideration of this

Honorable Office for the disqualification of bid proposal that
transpired during the opening of bids on July 7, 2021 at MPW-
BARMM Maguindanao First District Engineering Office, PC Hill,
Cotabato City.
The undersigned is cognizant of Section 30.1, Rule IX of the
2016 Revised Implementing Rules and Regulations of Republic Act
No. 9184 which provides that BAC shall only use non-discretionary
“pass/fail” criterion in determining the eligibility of a particular
requirement. If a bidder submits the required document, it shall be
rated as “passed” for that particular requirement. In this regard, bids
that fail to include any requirements or are incomplete or patently
insufficient shall be considered as “failed”. Otherwise, the BAC shall
rate the said first bid envelope as “passed”.
In line with that, the disqualification of the bid proposal that
was submitted by the undersigned was due to a mere CLERICAL
ERROR on the name of one of the key personnel particularly his
company ID which was attached as foreman. Hence, the
undersigned submit that the aforementioned inconsistency on the
names was caused by a clerical error that was overlooked by the
person in-charge with the editing of the updated company ID for the
current year.
In the case of Sincio C. Yu vs. Republic of the Philippines
(G.R. No. L-20752, November 25, 1967) the Supreme Court
borrowed the definition of Black’s Law Dictionary in defining
CLERICAL ERROR as one [error] made “in copying or writing”.
In this case, there was an error in copying and editing of the
foreman’s company ID. The undersigned respectfully submits that it
was a mere lapse of judgment in the final checking of the bid
proposal, as this Honorable Office is also very much aware that
preparing a bid proposal can be grueling especially when one is
preparing until dawn.
Attached herewith is the corrected company ID of the
aforementioned key personnel.

WHEREFORE, premises considered, it is respectfully prayed

to the Honorable BAC Chairman and its members to reconsider the
motion.

Respectfully yours,

Abdul Ralfhey A. Guiapal

Manager