Republic of the Philippines

ENERGY
REGULATORY
COMMISSION

BAC RESOLUTION NO. 03, SERIES OF 2022 CB1

A Resolution Recommending the Award of Contract for the

Procurement of Supply and Delivery of Publication Services
(FY 2022 Early Procurement) (2nd Bidding) under Lot No.
2021-78 to Philippine Business Daily Mirror Publishing, Inc.

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

“Government Procurement Reform Act”, provides 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 (R-IRR);

WHEREAS, on 01 September 2021, the Honorable

Commission, as the Head of the Procuring Entity (HoPE), approved the
Indicative Annual Procurement Plan (APP)2 for Fiscal Year (FY)
2022;

WHEREAS, one of the purposes for the approval of the said

Indicative APP for FY 2022 is to ensure the timely delivery of goods,
implementation of infrastructure projects, and rendition of consultancy
services of the Energy Regulatory Commission (ERC), through early
procurement activities (EPA) consistent with GPPB Resolution No. 14-
2019 dated 17 July 2019 where the procuring entity (PE) is encouraged to
start procurement activity short of award;

WHEREAS, the said Indicative APP for FY 2022 includes a

procurement project entitled “Supply and Delivery of Publication
Services” to be procured through Competitive Bidding with an Approved
Budget for the Contract (ABC) in the amount of Two
Million Five Hundred Thousand Pesos (PhP2,500,000.00),
inclusive of all government taxes, other fees and charges;

1 Competitive Bidding
2 CB and AM

Pacific Center Building, San Miguel Avenue, Ortigas Center 1605, Pasig City
Metro Manila, Philippines
Tel. No. (02) 8689-5372
Email Address: records@erc.ph; records@erc.gov.ph Facebook: www.facebook.com/ERCgovPH
ERC Website: www.erc.gov.ph Twitter: www.twitter.com/ERCgovPH
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

WHEREAS, the subject procurement is pursuant to the mandate

of the ERC to inform the public as widely as possible on vital information
relative to the Commission’s programs, services, policies, resolutions, and
its implementing rules and regulations;

WHEREAS, on 11 October 2021, the ERC Bids and Awards

Committee - Competitive (ERC BAC – Competitive)3 received from the
Finance and Administrative Services - General Services Division (FAS –
GSD) a Purchase Request (PR) with PR No. 2021-10-067 dated
11 October 2021 requesting for the Procurement of Supply and
Delivery of Publication Services. In support of the PR, the FAS -
GSD also submitted the final Terms of Reference (ToR) for the subject
procurement on the same date;

WHEREAS, on 21 October 2021 at one o’clock in the

afternoon (01:00 P.M.), the Pre-Procurement Conference for the
subject procurement was conducted by the ERC BAC (Competitive) with
the end-userthrough videoconferencing via MS Teams, in compliance with
Section 20.1, Rule VII of the 2016 Revised Implementing Rules and
Regulations (R- IRR) of the Republic Act (RA) No. 9184;

WHEREAS, on 29 October 2021, the Invitation to Bid (ITB) and

the Philippine Bidding Documents (PBD) for the subject procurement
under Lot No. 2021-69 were posted on 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 R- IRR of RA No. 9184;

WHEREAS, the said ITB and PBD indicated that the deadline for
submission of bids for the subject procurement is on 22 November 2021
at one o’clock in the afternoon (01:00 P.M.);

WHEREAS, on 08 November 2021 at three o’clock in the

afternoon (03:00 P.M.), the Pre-Bid Conference for the subject
procurement was conducted by the ERC BAC (Competitive) 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;

3 Reorganized pursuant to Office Order No. AVSTD-11, Series of 2021.

Page 2 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

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

bidder, Concept and Information Group, Inc. (Daily Tribune),
attended and actively participated in the discussion;

WHEREAS, on 22 November 2021, the ERC BAC

(Competitive), through its Secretariat, received two (2) sealed envelopes
from (1) Concept and Information Group, Inc. (Daily Tribune),
which was received at twenty minutes past twelve o’clock in the
afternoon (12:20 P.M), and (2) Philippine Business Daily Mirror
Publishing, Inc. (Business Mirror), which was received at thirty
minutes past twelve o’ clock in the afternoon (12:30 P.M.). Both sealed
envelopes were received within the deadline set for submission and receipt
of bids;

WHEREAS, during the scheduled Opening of Bids for the subject

procurement on 22 November 2021 at one o’clock in the afternoon
(01:00 P.M.), the ERC BAC (Competitive) opened the bids of Daily
Tribune and Business Mirror in public and in the presence of the
bidders’ representatives to determine the bidders’ compliance with the
eligibility, technical, and financial requirements specified in the PBD;

WHEREAS, during the preliminary examination of bids on 22

November 2021, the ERC BAC (Competitive) examined the submitted
documents of the two (2) bidders versus a checklist to ascertain if the
required documents were all submitted, using a non-discretionary
“pass/fail” criterion;

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

component) submitted by Daily Tribune, the ERC BAC (Competitive),
with the assistance of the TWG, found that Daily Tribune is not
compliant with the Statement of Single Largest Completed Contract
(SLCC) as it indicated a contract which is beyond the three (3) year
period prior to the deadline for the submission and receipt of bids
provided and required under Section II, Item 10.3 and Section III, Clause
5.3 of the PBD. Thus, ERC BAC (Competitive) rated the technical
component of Daily Tribune’s bid, particularly its technical documents,
as “Failed” and declared Daily Tribune as disqualified to proceed
further with the procurement process as it failed to comply with Section
II, Item 10.3 and Section III, Clause 5.3 of the PBD, which states:

Page 3 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

Section II. Instruction to Bidders

10. Documents comprising the Bid: Eligibility and Technical

Components

10.3 The Bidder’s SLCC as indicated in ITB Clause 5.3 should

have been completed within the last Three (3) years
prior to the deadline for the submission and receipt of bids.

Section III. Bid Data Sheet

Clause 5.3. For this purpose, contracts similar to the Project shall
be:
xxx

b. completed within Three (3) years prior to the deadline

for the submission and receipt of bids.

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

component) submitted by Business Mirror, the ERC BAC
(Competitive), with the assistance of the TWG, found that Business
Mirror failed to submit under the original envelope the following
documents, namely: a) Statement of Single Largest Completed
Contract (SLCC), b) Bid Securing Declaration Form, and c)
Conformity with the Technical Specifications. Moreover,
Business Mirror also failed to disclose “all” of its on-going government
and private contracts, including contracts awarded but not yet started.
This non-disclosure was confirmed by Ms. Blesilda Good, Business
Mirror’s representative, during the opening of bids. Thus, the ERC BAC
(Competitive) rated the technical component of Business Mirror’s bid,
particularly its technical documents, as “Failed”. Business Mirror was
declared disqualified to proceed further with the procurement process;

WHEREAS, on the same day, the ERC BAC (Competitive)

informed both Daily Tribune and Business Mirror of their
ineligibility and both were advised that a request for reconsideration may
be filed within three (3) calendar days or until 25 November 2021;

WHEREAS, on 24 November 2021, which is within the

reglementary period for filing a request for reconsideration of any decision
of the ERC BAC (Competitive) pursuant to Section 55.1, Rule XVII of the
R-IRR of RA 9184, Daily Tribune filed a request for reconsideration of
its disqualification. In its request, Daily Tribune offered the following
explanation/justification:

Page 4 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

xxx

Our completed contract with Phoenix Petroleum Phil. Inc. bears the
date September 20, 2018, but it remains an on-going advertising
contract to date. More specifically, notwithstanding that the said
completed contract bears the date September 20, 2018, the advertising
service contemplated therein and provided by our company to Phoenix
Petroleum Phil. Inc. has been continuing and on-going from September
20, 2018 until today, and remains in force for the predictable future.
That puts the said completed contract well “within the last Three (3)
years prior to the deadline for the submission and receipt of bids”
stated in Section II quoted above.

Attached to this letter is a copy of the front page of the November 21,
2021 issue of our newspaper, the Daily Tribune, to indicate that even
before the conference at your office took place last November 22, 2021,
the advertising service rendered by our company to Phoenix Petroleum
Phil. Inc., as contemplated in our completed contracts with the latter
dated September 20, 2018, remains continuing to date, and well within
the three (3)-year period mentioned in the Instructions to Bidders.

xxx

WHEREAS, Business Mirror did not file any request for

reconsideration;

WHEREAS, the ERC BAC (Competitive), with the assistance of

the TWG, evaluated the request for reconsideration filed by Daily
Tribune and found that the explanation given by Daily Tribune has no
merit considering the provision of Sections 23.4.1.3 and 23.3.2.5, Rule
VIII of the R-IRR of RA No. 9184 to wit:

Section 23.4.1.3. The bidder must have completed,

within the period specified in the Invitation to
Bid, an SLCC that is similar to the contract to be
bid, and whose value, adjusted to current prices using
the Philippine Statistics Authority (PSA) consumer price
indices, must be at least fifty percent (50%) of the ABC.

Section 23.4.2.5. The SLCC shall be supported by an

Owner’s Certificate of Final Acceptance issued by the
project owner other than the contractor or a final rating
of at least Satisfactory in the Constructors Performance
Evaluation System (CPES). In case of contracts with the
private sector, an equivalent document shall be
submitted. xxx

Page 5 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

WHEREAS, aside from the fact that the contract date of 20

September 2018 was clearly beyond the required three (3) year period, the
explanation given by Daily Tribune also bolstered the fact that the said
contract is an “on-going” rather than “completed” contract;

WHEREAS, NPM No. 014-2011 of the GPPB further explained

the term “completion” as the fulfillment by the contractor of all the
required works. The said NPM likewise defined the term “completed
contracts’ which refers to a contract where a certificate of completion has
been issued by the owner. In this light, it can be inferred that for a contract
to be considered completed for purposes of SLCC, a contractor should
have performed all of its contractual obligations satisfactorily
and that the same has been accepted by the owner;

WHEREAS, on 26 November 2021, the ERC BAC (Competitive)

issued BAC Resolution No. 1744, Series of 2021 denying the request
for reconsideration filed by Daily Tribune and the corresponding notice
of resolution was sent and received by Daily Tribune via electronic email
on 29 November 2021;

WHEREAS, Daily Tribune had seven (7) calendar days or

until 06 December 2021 to file a protest to the decision of the ERC BAC
(Competitive) denying its request for reconsideration;

WHEREAS, on 03 December 2021, the ERC BAC

(Competitive), through its Secretariat, received an email from Daily
Tribune. In its email, Daily Tribune stated that it will no longer file a
formal protest to the decision of the ERC BAC (Competitive);

WHEREAS, Section 35.1(c), Rule X of the 2016 revised-IRR of RA

No. 9184 provides that the BAC shall declare a failure of bidding when all
bids fail to comply with all the bid requirements, to wit:

Section 35. Failure of Bidding

35.1. The BAC shall declare the bidding a failure when:

a) No bids are received;

b) All prospective bidders are declared ineligible;

4
A Resolution Denying the Request for Reconsideration filed by Concept and Information Group, Inc.
for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early Procurement) under
Lot No. 2021-69
Page 6 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

c) All bids fail to comply with all the bid requirements or

fail post-qualification, or, in the case of Consulting Services,
there is no successful negotiation; or

d) The bidder with the LCRB, HRRB, SCRB or SRRB refuses,

without justifiable cause, to accept the award of contract, and no
award is made in accordance with Section 40 of the Act and this
IRR.

WHEREAS, on 03 December 2021, ERC BAC (Competitive)

issued BAC Resolution No. 1765, Series of 2021 CB, declaring the
First (1st) Bidding for the Procurement of Supply and Delivery
of Publication Services) (FY 2022 Early Procurement) under
Lot No. 2021-69 a FAILURE as all bids failed to comply with all the
bid requirements;

WHEREAS, on 03 December 2021 at two o’clock in the

afternoon (02:00 P.M.), the Pre-Procurement Conference
for the Second (2nd) Bidding for the subject procurement was
conducted by the ERC BAC (Competitive) with the end-user through
videoconferencing via MS Teams, in compliance with Section 20.1,
Rule VII of the 2016 R- IRR of RA No. 9184;

WHEREAS, on 07 December 2021, the ITB and PBD for the

Second (2nd) Bidding under Lot No. 2021-78 were posted on the
websites of the PhilGEPS and the ERC,as wellas in the latter’s conspicuous
place reserved for the purpose, consistent with Section 21, Rule VII of
the 2016 R- IRR of RA No. 9184;

WHEREAS, the said ITB and PBD indicated that the deadline for
submission of bids for the subject procurement is on 04 January 2022
at one o’clock in the afternoon (01:00 P.M.);

WHEREAS, on 20 December 2021 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 (Competitive) 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
the RA No. 9184;

5
A Resolution Declaring the First (1st) Bidding for the Procurement of Supply and Delivery of
Publication Services (FY 2022 Early Procurement) under Lot No. 2021-69 a failure.
Page 7 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

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

bidder, Concept and Information Group, Inc. (Daily Tribune),
attended and actively participated in the discussion;

WHEREAS, on 04 January 2022, the ERC BAC (Competitive),

through its Secretariat, received two (2) sealed envelopes from (1)
Concept and Information Group, Inc. (Daily Tribune), which was
received at thirty minutes past twelve o’clock in the afternoon
(12:30 P.M), and (2) Philippine Business Daily Mirror
Publishing, Inc. (Business Mirror), which was received at forty-four
minutespast twelve o’ clock in the afternoon (12:44 P.M.). Both sealed
envelopes were received within the deadline set for submission and receipt
of bids;

WHEREAS, during the scheduled Opening of Bids for the subject

procurement on 04 January 2022 at one o’clock in the afternoon
(01:00 P.M.), the ERC BAC (Competitive) opened the bids of Daily
Tribune and Business Mirror in public and in the presence of the
bidders’ representatives to determine the bidders’ compliance with the
eligibility, technical, and financial requirements specified in the PBD;

WHEREAS, during the preliminary examination of bids on 04

January 2022, the ERC BAC (Competitive) examined the submitted
documents of the two (2) bidders versus a checklist to ascertain if the
required documents were all submitted, using a non-discretionary
“pass/fail” criterion;

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

component) submitted by Daily Tribune, the ERC BAC (Competitive)
with the assistance of the TWG, declared that Daily Tribune was able to
submit the required legal, technical and financial
documents/requirements. Thus, the ERC BAC (Competitive) rated the
said legal, technical, and financial documents comprising the technical
component of Daily Tribune’s bid as “Passed”;

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

component) submitted by Business Mirror, the ERC BAC
(Competitive) with the assistance of the TWG, declared that Business
Mirror was able to submit the required legal, technical and financial
documents/requirement. Thus, the ERC BAC (Competitive) rated the
said legal, technical, and financial documents comprising the
technical component of Business Mirror’s bid as “Passed”;

Page 8 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

WHEREAS, the ERC BAC (Competitive), with the assistance of

the TWG, proceeded to open the second envelopes (financial component)
of Daily Tribune and Business Mirror whose technical component
was rated “Passed”;

WHEREAS, the following are the bid amounts submitted by

Daily Tribune and Business Mirror based on the financial
component of their bids:

BID AMOUNT
BIDDER (In PhP)

1. Concept and Information Group, PhP767,491.20

Inc. (Daily Tribune)

2. Philippine Business Daily Mirror PhP1,478,131.20

Publishing, Inc. (Business Mirror)

WHEREAS, after due evaluation, the ERC BAC (Competitive)

determined that both bids were within the ABC, Thus, in accordance
with Section 32.2.4 of 2016 R-IRR of RA No. 9184, the bid prices were
ranked in the ascending order of their total calculated bid prices. Daily
Tribune was identified as the Lowest Calculated Bid (LCB), having
submitted a bid amounting to Seven Hundred Sixty-Seven
Thousand Four Hundred Ninety-One Pesos and Twenty
Centavos (PhP767,491.20) inclusive of all government taxes, and other
fees and charges;

WHEREAS, the ERC BAC (Competitive) directed the TWG to

assist in further evaluating the bid submitted by Daily Tribune being the
Lowest Calculated Bid (LCB);

WHEREAS, immediately after the scheduled Opening of Bids for

the subject procurement on 04 January 2022, a post-qualification
verification of the documents was conducted by the TWG with the Daily
Tribune’s representative wherein the submitted documents were
compared against the original copies of the documents as submitted in the
bid proposal;

Page 9 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

WHEREAS, on 04 January 2022, the ERC BAC (Competitive)

issued a Notice of LCB to Daily Tribune and required it to present the
original copies of the documents (those submitted as copies or certified
true copies only) that Daily Tribune submitted as part of the first and
second components of its bid and to submit the documents enumerated
under Clause 20.2 and Bid Data Sheet Clause 21.2 of the bidding
documents within five (5) days from receipt of the Notice, if the same have
not yet been submitted as part of the bid proposal;

WHEREAS, on 18 January 2022, the TWG presented to the

ERC BAC (Competitive) its Post-Qualification Report dated
05 January 2022 finding the Daily Tribune “not compliant” with the
requirements of the procurement project, particularly its submitted Net
Financial Contracting Capacity (NFCC), to wit:

Particulars AMOUNT

Approved Budget for the Contract (ABC) 2,500,000.00

B I D PROPOSAL 767,491.20
Particulars
Concept &
Information BAC-TWG
Group Inc.
Bid Securing Bid Securing
Bid Security Declaration Declaration
Date covered: Dec 31, 2020 Dec 31, 2020
Current Asset 3,452,440 3,452,440
Non-Current Asset 8,692,838 8,692,838
TOTAL 12,145,277 12,145,277

Current Liabilities 1,684,580 1,684,580

Non-Current Liabilities 6,200,000 6,200,000
Equity 4,260,697 4,260,697
TOTAL 12,145,277 12,145,277

NET INCOME before TAX 1,125,578 1,125,578

Provision for Income Tax 631,484 631,484
NET INCOME after TAX 494,094 494,094
Net Financial Contracting Capacity (NFCC)
Current Asset 3,452,440 3,452,440
Current Liabilities 1,684,580 1,684,580
Net 1,767,859 1,767,859
multiplier 15 15
Total 26,517,892 26,517,892
Less: Outstanding Contract 26,378,588 26,378,588
NFCC (based on submitted computation) 139,304 139,304
NFCC as computed by BAC-TWG is lower than ABC for this lot.

Page 10 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

The NFCC is a financial indicator of the contractor’s ability

to enter into a contract. The higher NFCC is, the better. Per
Sec 24.4.1.4 of the IRR on the Revised R.A. 9184, it should be
at least equal to the Approved Budget for the Contract
(ABC). In this case, CIGI computed NFCC is lower than the
ABC for this procurement, thus it shows that it has a lot of
contracts that will require the company’s financial capacity
to meet its contracts.

As computed above, the NFCC of CIGI is only

PhP139,304.00 which is 6% of the ABC for this procurement.

WHEREAS, as explained by the GPPB in its NPM 013-2017, the

required submission of the NFCC computation is for the purpose of
establishing the bidder’s liquidity, its capacity to absorb the additional
obligations in connection with the contract submitted for bids, and to
finance its implementation or completion. Moreover, NPM 008-2014
and NPM 081-2012 of the GPPB further explained that the bidders shall
be deemed compliant with the requirement if the submitted NFCC
computation is at least equal to the Approved Budget of the
Contract (ABC) of the project to be bid. Failure to comply shall
result to the “ineligibility” or “disqualification” of the bidder
concerned;

WHEREAS, on the same day, the ERC BAC (Competitive) reviewed

and evaluated the said report and the bid documents submitted by Daily
Tribune, and concurred with the TWG’s findings that Daily Tribune is
not compliant with the required NFCC, thereby post-disqualifying Daily
Tribune for the subject procurement project;

WHEREAS, on 18 January 2022, the ERC BAC (Competitive)

issued BAC Resolution No. 01, Series of 2021 CB6, declaring
Concept and Information Group, Inc. (Daily Tribune) as Post-
Disqualified for the Procurement of Supply and Delivery of
Publication Services (FY 2022 Early Procurement)
(2 Bidding) under Lot No. 2021-78 for failure to comply with all the
nd

requirements of the procurement project;

WHEREAS, on the same day, the ERC BAC (Competitive) issued

the Notice of Post-Disqualification to Daily Tribune which was
received by Daily Tribune on 19 January 2022;

6
A Resolution Declaring Concept and Information Group, Inc. as Post-Disqualified for the Procurement
of Supply and Delivery of Publication Services (FY 2022 Early Procurement) (2nd Bidding) under Lot
No. 2021-78
Page 11 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

WHEREAS, Daily Tribune has three (3) days to file a motion for
reconsideration or until 22 January 2022;

WHEREAS, on the same day, the ERC BAC issued the Second
Notice of LCB to Business Mirror and required it to present the
original copies of the documents (those submitted as copies or certified
true copies only) that Business Mirror submitted as part of the first and
second components of its bid and to submit the documents enumerated
under Clause 20.2 and Bid Data Sheet Clause 21.2 of the bidding
documents within five (5) days from receipt of the Notice, if the same have
not yet been submitted as part of the bid proposal;

WHEREAS, on the same day, the ERC BAC (Competitive) directed

the TWG (Competitive) to assist in conducting the post-qualification
process on the next LCB;

WHEREAS, on 21 January 2022, a post-qualification

verification of the documents was conducted by the TWG with the
Business Mirror’s representative wherein the submitted documents
were compared against the original copies of the documents as submitted
in the bid proposal. Daily Mirror also presented the documents
enumerated under Clause 20.2 and Bid Data Sheet Clause 21.2 of the
bidding documents;

WHEREAS, Daily Tribune did not file any request for

reconsideration;

WHEREAS, on 28 January 2022, the TWG (Competitive)

presented to the ERC BAC (Competitive) its Post-Qualification Report
dated 21 January 2022, finding Business Mirror compliant with all the
requirements of the procurement project;

WHEREAS, on the same day, the ERC BAC (Competitive) reviewed

and evaluated the said report and the bid documents submitted by
Business Mirror and concurred with the TWG’s findings, making
Business Mirror’s bid the Lowest Calculated and Responsive Bid
(LCRB);

(Remainder page left intentionally blank)

Page 12 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early
Procurement) (2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

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

Committee (Competitive), 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 Supply and Delivery of
Publication Services (FY 2022 Early Procurement)
(2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily
Mirror Publishing, Inc. which submitted the Lowest Calculated a nd
Re s p o ns ive B i d (LCRB) in the amount of One Million Four
Hundred Seventy-Eight Thousand One Hundred Thirty-One
Pesos and Twenty Centavos (PhP1,478,131.20), inclusive of all
government taxes, and other fees and charges. The contract to be
awarded shall correspondingly be adjusted to cover only the remaining
period, and payment shall be made only for services actually rendered by
Philippine Business Daily Mirror Publishing, Inc. during said
period.

RESOLVED at the ERC Main Office, Pasig City, this 28th day of
January 2022.

TOOK NO PART
HEIDDI VENECIA R. BARROZO
BAC (Competitive) Chairperson

GREGORIO L. OFALSA
BAC (Competitive) Vice-Chairperson

MARINA C. BUGAYONG ZIERLA MARIE S. RANAY

BAC (Competitive) Member BAC (Competitive) Member

LAIZA AMOR A. LAGMAN

BAC (Competitive) Member

SOCORRO P. BELOSTRINO
BAC (Competitive) Alternate Member

ada/bcrc/abc - BAC Resolution No. 03, Series of 2022 CB

Page 13 of 14
BAC RESOLUTION NO. 03, SERIES OF 2022 CB
A Resolution Recommending the Award of Contract for the Procurement of Supply and Delivery of Publication Services (FY 2022 Early Procurement)
(2nd Bidding) under Lot No. 2021-78 to Philippine Business Daily Mirror Publishing, Inc.

FOR AND BY AUTHORITY OF

THE COMMISSION:

AGNES VST DEVANADERA

ERC Chairperson and CEO

¨_________ 03 February 2022

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 reduced

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