Republic of the Philippines

ENERGY
REGULATORY
COMMISSION

o
BACRESOLUTION No. ~-... -4., Series of 2019'

A Resolution of the Energy Regulatory Commission Bids and

Awards Committee Declaring the Third (3rd) Biddingfor the
Procurement of Janitorial Supplies as Failure

WHEREAS, the Energy Regulatory Commission Bids and Awards

Committee (ERC- BAC) received from Finance and Administrative Service-
General Services Division Purchase Request No. 2019-05-075, requesting
for the procurement of "Janitorial Supplies" with an Estimated Budget for
the Contract in the amount of Nine Hundred Forty Nine Thousand
Seven Hundred Twenty Five Pesos (PhP949,725.00), VAT
Inclusive;

WHEREAS, based on the "Annual Procurement Plan for FY2019-

Supplement NO.5", which was approved by the Head of Procuring Entity
(HoPE) on 22 May 2019, the goods are programmed under "SUPPLIES
AND MATERIALS (Non-CSE)" with an Approved Budget for the
Contract (ABC) in the amount of Nine Hundred Forty Nine
Thousand Seven Hundred Twenty Five Pesos (PhP949,725.00)
and to be procured through the Alternative Method of Procurement of
Shopping;

WHEREAS, on 18 June 2019, the ERC-BAC posted Request for

Quotation (RFQ) No. 2019-06-054 at the Philippine Government
Electronic Procurement System (PhilGEPS) website, at the ERC website,
and on bulletin boards within the ERC premises specifically reserved for
the purpose;

WHEREAS, on 01 July 2019, the ERC-BAC issued BAC Resolution

No. 69, Series of 2019 AM, declaring the first bidding for the
"Procurement of Janitorial Supplies" as failure due to insufficient
quotations received;

WHEREAS, on 09 July 2019, the ERC-BAC posted a second (2nd)

Request for Quotation (RFQ) No. 2019-07-061 at the Philippine
Government Electronic Procurement System (PhiIGEPS) website, at the
ERC website, and on bulletin boards within the ERC premises specifically
reserved for the purpose;

WHEREAS, on 17 July 2019, the ERC-BAC issued BAC Resolution

No. 78, Series of 2019 AM, declaring the second bidding for the
"Procurement of Janitorial Supplies" as failure due to insufficient
quotations received;
Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Mailing Address: P.O. Box 181 Greenhills. Metro Manila Fax Nos. 633-32-53 ·634-86-41
Website: http://www.erc.gov.ph

Page 1 of4
 BAC RESOLUTION NO. _, SERIES OF 2019 AM
A Resolution of the Energy Regulatory Commission Bids and Awards Committee Declaring the Third (3"') Bidding for the
Procurement of Janitorial Supplies as Failure

WHEREAS, on 19 July 2019, the ERC-BAC posted a third (3rd)

Request for Quotation (RFQ) No. 2019-07-072 at the Philippine
Government Electronic Procurement System (PhilGEPS) website, at the
ERC website, and on bulletin boards within the ERC premises specifically
reserved for the purpose;

WHEREAS, in compliance with the Consolidated Guidelines for the

Alternative Methods of Procurement (Annex "H") of the 2016 Revised
Implementing Rules and Regulations (IRR) of Republic Act No. 9184,
which states that "[t]he BAC shall send the RFQs/RFPs to at least three (3)
suppliers of known qualifications, and at least three (3) price quotations
must be obtained. This, notwithstanding, those who responded through
any of the required postings shall be allowed to participate", the ERC-BAC
issued RFQs to twelve (12) prospective bidders, namely: (1) Raychem
Enterprises Inc.; (2) Reachem Industries Incorporated; (3) Maltre-D'
Industrial Sales Corporation; (4) Luzon Sales Company Incorporated; (5)
CTDC Enterprises; (6) Biosphere Construction and Supplies Inc.; (7) AR
General Merchandise; (8) Amtek Industrial Sales and Services; (9) 3MM
Trading; (10) Care tst Corporation; (11) Ban Bee Commercial Co., Inc.; and
(12) Cleans cape Inc.;

WHEREAS, before the deadline for submission of quotations for the

subject procurement project, on 23 July 2019, the ERC-BAC issued Bid
Bulletin No. 79, Series of 2019 (Bid Bulletin 79), extending the said
deadline to 29 July 2019 at 5:00 P.M.;

WHEREAS, in response to the RFQs issued, three (3) bidders,

namely (1) Primesolv Technologies Co.; (2) J-Net Marketing and (3)
Maitre- D' Industrial Sales Corporation, submitted their respective sealed
bids/quotations on 23 July 2019 and 29 July 2019;

WHEREAS, on 30 July 2019, the ERC-BAC, together with the BAC

Technical Working Group (TWG) and BAC Secretariat, convened for the
opening of bids submitted for the "Procurement of Janitorial
Supplies";

WHEREAS, during the bid opening, the BAC found that Maitre'D
Industrial Sales Corporation did not pass and comply with the technical
specification;

WHEREAS, the result of the bid opening are as follows:

Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Mailing Address: P.O. Box 181 Greenhills, Metro Manila Fax Nos. 633-32-53 • 634-86-41
Website: http://www.erc.gov.ph
Page 2 of4
 BAC RESOLUTION NO. _, SERIES OF 2019 AM
A Resolution of the Energy Regulatory Commission Bids and Awards Committee Declaring the Third C3ro) Bidding for the
Procurement of Janitorial Supplies as Failure

ELIGIBILITY BID
BIDDERS: REMARKS:
DOCUMENTS: AMOUNT:

Primesolv Technologies Complied PhP722,750.00

Co.
J-Net Marketing Complied PhP933,999.00

Maitre- D' Industrial Complied - Disqualified

Sales Corporation

WHEREAS, after opening of bids, the ERC- BAC directed the TWG
to conduct post -qualification on the bid submitted by Primesolv
Technologies Co., being the Lowest Calculated Bid (LCB);

WHEREAS, on 01 August 2019, the TWG submitted its Post-

Qualification Evaluation Report, stating that Primesolv Technologies Co., is
not compliant with the requirements;

WHEREAS, Primesolv Technologies Co., was informed by the BAC

through a letter dated 05 August 2019
that it failed to pass the post- qualification and was likewise given three (3)
calendar days to file its Motion for Reconsideration (MR), if it so desires;

WHEREAS, the BAC received a letter dated 13 August 2019 from

Primesolv Technologies Co., requesting for a reconsideration of the BAC's
decision for disqualifying its bids for failure to substantiate its compliance
to the specifications as embodied in its letter dated 13 August 2019;

WHEREAS, 20 August 2019, the BAC issued a letter-reply to

Primesolv Technologies Inc.'s letter of reconsideration informing the latter
of the denial of its MR for failure to meet the Technical Specification as
required in the RFQ;

WHEREAS, thereafter, the TWG initiated the post-qualification on

the bid submitted by J-Net Marketing, being the second LCB;

WHEREAS, on 23 August 2019, the TWG submitted its Post-

Qualification Evaluation Report stating that J-Net Marketing is not
compliant with the requirements;

WHEREAS, J-Net Marketing was informed by the BAC through a

letter dated 28 August 2019 that it failed to pass the post-qualification and
was likewise given three (3) calendar days to file an MR, if it so desires;

WHEREAS, the BAC Secretariat did not receive an MR from J -Net

Marketing;

Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Mailing Address: P.O. Box 181 Greenhills, Metro Manila Fax Nos. 633-32-53 • 634-86-41
Website: http://www.erc.gov.ph
Page 3 of4
 BAC RESOLUTION NO. _, SERIES OF 2019 AM
A Resolution of the Energy Regulatory Commission Bids and Awards Committee Declaring the Third (3m) Bidding for the
Procurement of Janitorial Supplies as Failure

WHEREAS, under Section 35 of the IRR, the ERC- BAC shall declare
the bidding a failure when all bids fail the post-qualification. The
instructive provision is hereby quoted as follows:

"Section 35. Failure of Bidding

35.1. The BAC shall declare the bidding afailure when:

a) xxx
b) xxx
c) All bids fail to comply with all the bid
requirements or fail post-qualification, x x x
d) xxx
xxx

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

Committee, hereby DECLARE the bidding for the "Procurement of
Janitorial Supplies" as FAILURE as all bids failed the post-
qualification.

RESOLVED at the ERC Main Office, Pasig City, this __ day of

~t-+,"--+i-A----"IiA1-f'!---- 2019·

"-
~v C! ~
MARIA CO ON C. GINES
Chairperson

JUDITH ~- ANGOSING
Vice~~rperson

~r:-
LEGARIO L. GALANG, JR. MARINAA. CRUZ-BUGAYONG
Member Member

JCfsG~-;AC Resolution No. _, Series of 2019 AM

Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Mailing Address: P.O. Box 181 Greenhills, Metro Manila Fax Nos. 633-32-53 ·634-86-41
Website: http://www.erc.gov.ph
Page 4 of4