Republic of the Philippines Department of Labor and Employment NATIONAL LABOR RELATIONS COMMISSION, Quezon City BIDS AND AWARDS COMMITTEE (A.0.01-03, Series of 2018) BAC Resolution No. 2018-21-02 RECOMMENDING THE CANCELLATION OF BIDDING FOR THE PROCUREMENT OF SECURITY SERVICES FY 2019 BY INVOKING THE RESERVATION CLAUSE UNDER SECTION 41 OF THE 2016 REVISED IRR OF RA 9184 WHEREAS, the Department of Budget and Management issued Circular Letter No. 2018-8 which prescribes guidelines on the conduct of Early Procurement for Fiscal Year (FY) 2019 National Expenditure Program (NEP) on July 30, 2018, to wit: “All government entities covered by the Circular shall undertake Early Procurement activities, from October to December 2018, upon submission of the FY 2019 NEP to Congress,” WHEREAS, pursuant to the said Circular Letter, the Bids and Awards Committee was mandated to conduct early procurement for FY 2019 Procurement Program/Project and on 05 September 2018, the Bids and Awards Committee commenced the conduct of procurement process for the Procurement of Security Services FY 2019; WHEREAS, on 13 September 2018, the conduct of first bidding for the above- mentioned project was cancelled due to the following reasons, to wit: Review and Evaluation of the Technical Specifications — the end-user shall deeply evaluate the terms of reference to properly determine the qualification of prospective security agencies who will be allowed to participate in the bidding process.WHEREAS, after compliance of the end-user of the required mandatory reviews, the second bidding was commenced on 01 October 2018 and on 23 October 2018, the Prebid Conference for the above-mentioned project was scheduled; WHEREAS, on 13 November 2018, the Bids and Awards Committee, in its Opening of Bids and Evaluation of the above-mentioned project, declared 168 Security as the Single Calculated Bidder and directed the BAC-TWG to proceed with the Post Qualification Process; WHEREAS, on 22 November 2018, prior to the scheduled presentation of the Post Qualification Report, the Bids and Awards Committee through the BAC Secretariat received a letter request from the Director of Management and Administration Department, Dir. Elvira F. Cruz requesting the Bids and Awards Committee to defer the procurement process of the Procurement of Security Services FY 2019 due to the impending transfer of NLRC offices WHEREAS, the BAC Technical Working Group submitted a report of their evaluation relative to the financial bid of lone bidder, 168 Security Inc. (the company) on 27 November 2018. WHEREAS, after due deliberation, the Bids and Awards Committee deemed it necessary to refer the matter to the Head of the Procuring Entity, the Chairman of NLRC, for his consideration and appropriate action; WHEREAS, Section 41, of the 2016 Revised IRR of RA 9184 provides for the following powers to the Head of the Procuring Entity in instances similar to the case at hand. Pertinent provision further states that: The HoPE reserves the right to reject any and all bids, declare a failure of bidding, or not award the contract in the following situations: a) If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act whichrestricts, suppresses or mullifies or tends to restrict, suppress or nullify competition; b) If the BAC is found to have failed in following the prescribed bidding procedures; or ©) For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the GoP, as follows: (i) ifthe physical and nomi ition: i so as_to render the project no longer economical inanci feasible, as determined ‘by the HoPE: (ii) if the project is no longer necessary as determined by the HoPE; or (ii) if the source of funds for the project has been withheld or reduced through no fault of the Procuring Entity.(a) WHEREAS, the present circumstances of the above-mentioned project fall squarely on the above provision, the Bids and Awards Committee deemed it necessary that a cancellation of the current procurement process be considered by the HoPE; WHEREFORE, RESOLVED AS IT IS HEREBY RESOLVED, the Committee hereby RECOMMENDS to the Head of the Procuring Entity to CANCEL the PROCUREMENT OF SECURITY SERVICES FY 2019 by virtue of his powers granted under the Reservation Clause (Section 41, of the 2016 Revised IRR of RA 9184), 27, November 2018, Banawe, Quezon City. Regular Members: (ne 6 LA RAISA P/DISOMANGCOP LA ANN M. MORALES-SAPASAP Member MemberNOT PRECEWT ATTY,ADUARDO G. CEREZO LA EDWIN B. CARABBACAN Member Member Provisional Members: DIR. EL} | CRUZ End+User Approved by: wa ‘NOGRALES ian, NLRC