Republic of the Philippines

ENERGY
REGULATORY
COMMISSION

BAC RESOLUTION NO. 156, SERIES OF 2020 CB1

A Resolution Recommending the Award of Contract for the

Procurement of Test Equipment (Single Phase Watt-Hour Meter
Standard) (Class Accuracy 0.02%) (2nd Bidding) under
Lot No. 2020-53 to Sunertech Corporation

WHEREAS, Republic Act (R.A.) No. 9184, otherwise known as the

“Government Procurement Reform Act” provides that each procuring entity shall
establish a single Bids and Awards Committee (BAC) for its procurement and that
all procurement of the national government, its departments, bureaus, offices
and agencies, including state universities and colleges, government-owned
and/or controlled corporations, government financial institutions and local
government units, shall, in all cases be conducted in accordance therewith and its
2016 Revised Implementing Rules and Regulations (Revised IRR);

WHEREAS, on 04 November 2020, the Honorable Commission, as the

Head of Procuring Entity (HoPE), approved the Annual Procurement Plan
(APP) for Fiscal Year (FY) 2020 – Amendment No. 11 for the purpose of
procuring projects, activities, and programs for the Energy Regulatory
Commission (ERC);

WHEREAS, the said APP for FY 2020 – Amendment No. 11 includes

a procurement project entitled “Test Equipment (Single Phase Watt-Hour
Meter Standard) (Class Accuracy 0.02%)” to be procured through
Competitive Bidding with an Approved Budget for the Contract (ABC) in the
amount of Four Million Two Hundred Thousand Pesos
(PhP4,200,000.00.), inclusive of all government taxes, other fees and
charges;

WHEREAS, the subject procurement project is for the purpose of

purchasing a Watt-Hour Meter Standard with an accuracy class of two hundredth
percent (0.02%) to standardize the meter laboratory set up in the Commission’s
Visayas and Mindanao areas of operation;

WHEREAS, on 09 November 2020, the ERC Bids and Awards

Committee (ERC BAC) received from the Consumer Affairs Service – Meter
Division (CAS-MD) a Purchase Request (PR) with PR No. 2020-11-207 dated
06 November 2020 requesting for the Procurement of Test Equipment
(Single Phase Watt-Hour Meter Standard) (Class Accuracy 0.02%). In
support of the PR, the CAS - MD also submitted the final Technical Specifications
for the subject procurement on the same date;

WHEREAS, on 12 November 2020, the Invitation to Bid (ITB) and the

Philippine Bidding Documents (PBD) for the subject procurement were posted
1 Competitive Bidding
Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Website: http://www.erc.gov.ph Fax Nos. 633-32-53 / 634-86-41
Page 1 of 4
Digitally signed
by Heiddi Venecia Dr. August
R. Barrozo
Anthony N.
Balute
BAC RESOLUTION NO. 156, SERIES OF 2020 CB
A Resolution Recommending the Award of Contract for the Procurement of Test Equipment (Single Phase Watt-Hour Meter Standard)
(Class Accuracy 0.02%) (2nd Bidding) under Lot No. 2020-53 to Sunertech Corporation

at the websites of the Philippine Government Electronic Procurement System

(PhilGEPS) and the ERC as well as in the latter’s conspicuous place reserved for
the purpose consistent with Section 21, Rule VII of the 2016 Revised
Implementing Rules and Regulations (R-IRR) of the Republic Act (RA) No. 9184;

WHEREAS, on 20 November 2020 at one o’clock in the afternoon

(01:00 P.M.), the Pre-Bid Conference for the subject procurement was
conducted by the ERC BAC through videoconferencing via MS Teams, which was
opened to prospective bidders in compliance with Section 22.1 Rule VII of the
2016 R-IRR of RA No. 9184;

WHEREAS, during the Pre-Bid Conference, one (1) prospective bidder,

AGP Trading Inc., attended and actively participated in the discussion;

WHEREAS, as a result of the discussion and clarifications made during the

Pre-Bid Conference, the ERC BAC issued Bid Bulletin No. 25, Series of 2020
on 25 November 2020, clarifying the PBD and Technical Specifications for the
subject procurement;

WHEREAS, the ITB and PBD for the subject procurement indicated that
the deadline for submission of bids is on 04 December 2020 at twelve o’clock
in the afternoon (12:00 P.M.);

WHEREAS, on the said date, the ERC BAC did not receive any submission
of bids from any prospective bidder;

WHEREAS, on 04 December 2020, the ERC BAC issued BAC

Resolution No. 117, Series of 2020 CB, declaring the First (1st Bidding) for
the Procurement of Test Equipment (Single Phase Watt-Hour Meter Standard)
(Class Accuracy 0.02%) under Lot No. 2020-37 a Failure as no bid was received;

WHEREAS, on 06 December 2020, the ITB and the PBD for the
Second (2nd) Bidding under Lot No. 2020-53 for the subject procurement
were posted at the websites of the PhilGEPS and the ERC, as well as in the latter’s
conspicuous place reserved for the purpose;

WHEREAS, on 14 December 2020 at half past three o’clock in the

afternoon (03:30 P.M.), the Pre-Bid Conference for the subject procurement
was conducted by the ERC BAC through videoconferencing via MS Teams, which
was opened to prospective bidders in compliance with Section 22.1 Rule VII of
the 2016 R-IRR of RA No. 9184;

WHEREAS, during the Pre-Bid Conference, one (1) prospective bidder,

Sunertech Corporation, attended and actively participated in the discussion;

WHEREAS, the ITB and PBD for the subject procurement indicated that
the deadline for submission of bids is on 28 December 2020 at nine o’clock
in the morning (09:00 A.M.);

WHEREAS, on the said date, the BAC through its Secretariat received one
(1) sealed envelope from Sunertech Corporation at thirty minutes past

Digitally signed by Page 2 of 4

Heiddi Venecia R.
Barrozo
Dr. August
Anthony N.
Balute
BAC RESOLUTION NO. 156, SERIES OF 2020 CB
A Resolution Recommending the Award of Contract for the Procurement of Test Equipment (Single Phase Watt-Hour Meter Standard)
(Class Accuracy 0.02%) (2nd Bidding) under Lot No. 2020-53 to Sunertech Corporation

eight in the morning (8:30 A.M.), which is within the deadline for
submission of bids;

WHEREAS, during the scheduled Opening of Bids for the subject

procurement on 28 December 2020 at half past ten o’clock in the
morning (10:30 A.M.), the ERC BAC opened the bid envelope of Sunertech
Corporation, in public and in the presence of the bidder’s representative to
determine its compliance with the eligibility, technical, and financial
requirements specified in the PBD;

WHEREAS, after the opening of the first envelope (the technical

component), the ERC BAC declared that Sunertech was able to submit the
required legal, technical and financial documents. Thus, the ERC BAC proceeded
to open the second envelope (financial component) submitted by Sunertech
Corporation;

WHEREAS, based on the financial component of its bid, the bid amount
submitted by Sunertech Corporation is Four Million One Hundred Twenty
One Thousand Three Hundred Twenty Pesos (PhP4,121,320.00),
inclusive of all government taxes, and other fees and charges;

WHEREAS, after due evaluation, the ERC BAC found that Sunertech
Corporation’s bid in the aforesaid amount is within the ABC. Consequently, the
ERC BAC directed the Technical Working Group (TWG) to assist in further
evaluating the bid submitted by Sunertech Corporation, being the Single
Calculated Bid (SCB);

WHEREAS, on 28 December 2020, the ERC BAC Secretariat issued a

Notice of SCB to Sunertech Corporation and required it to submit within five (5)
days from receipt of the Notice, the documents enumerated under Bid Data Sheet
Clause 20.2 of the PBD;

WHEREAS, on the same date, Sunertech Corporation submitted to the

ERC BAC, through its TWG and Secretariat, the aforestated documents in
compliance with the ERC BAC’s directive;

WHEREAS, on 29 December 2020, the TWG presented to the ERC BAC

its Post-Qualification Report finding Sunertech Corporation compliant
with all the requirements of the procurement project;

WHEREAS, on the same date, the ERC BAC reviewed and evaluated the
said report and bid documents submitted by Sunertech Corporation and
concurred with the TWG’s evaluation, making Sunertech Corporation’s bid the
Single Calculated and Responsive Bid (LCRB);

NOW, THEREFORE, We, the Members of the Bids and Awards

Committee, hereby RESOLVE to recommend to the Head of the Procuring
Entity, through its duly authorized signatory, ERC Chairperson and CEO
AGNES VST DEVANADERA, the AWARD of the Contract for the
“Procurement of Test Equipment (Single Phase Watt-Hour Meter
Standard) (Class Accuracy 0.02%) (2nd Bidding)” to Sunertech
Corporation which submitted the Single Calculated and Responsive Bid in the

Digitally signed by Page 3 of 4

Heiddi Venecia R. Dr. August
Barrozo
Anthony N.
Balute
BAC RESOLUTION NO. 156, SERIES OF 2020 CB
A Resolution Recommending the Award of Contract for the Procurement of Test Equipment (Single Phase Watt-Hour Meter Standard)
(Class Accuracy 0.02%) (2nd Bidding) under Lot No. 2020-53 to Sunertech Corporation

amount of Four Million One Hundred Twenty One Thousand Three

Hundred Twenty Pesos (PhP4,121,320.00), inclusive of all government
taxes, and other fees and charges.

RESOLVED at the ERC Main Office, Pasig City, this 29th day of December
2020.

Digitally signed by Heiddi

Venecia R. Barrozo
HEIDDI VENECIA R. BARROZO
BAC Chairperson

SHARON O. MONTAÑER
BAC Vice Chairperson

Dr. August
(TOOK NO PART) Anthony N. Balute
MARINA A. CRUZ-BUGAYONG AUGUST ANTHONY N. BALUTE
BAC Member BAC Member

(TOOK NO PART)
JOSE ROMULO L. CASTRO†
BAC Member

FOR AND BY AUTHORITY OF

THE COMMISSION:

AGNES VST DEVANADERA

ERC Chairperson and CEO

29 December 2020
 Approved/Disapproved on: ____________
Reason:  GPRA-IRR, §41.a. Prima facie collusion
 GPRA-IRR, §41.b. Failure to follow prescribed bidding procedures
 GPRA-IRR, §41.c. Contract award will not benefit ERC
 §41.c. (i) project no longer physically and economically feasible
 §41.c. (ii) project no longer necessary
 §41.c. (iii) project fund has been withheld or reduce

rtf/asg/abc -BAC Resolution No. 156, Series of 2020 CB

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