BIDS AND AWARDS COMMITTEE

RESOLUTION NO. ______ Series of 2022

RESOLUTION DECLARING THE REJECTION OF THE BID FOR THE

PROCUREMENT OF SIX (6) 4X4 MANUAL PICK-UP TRUCKS
WHEREAS, the Ecosystems Research and Development Bureau through its Bids and
Awards Committee, advertised/posted Invitation to bid with Approved Budget for
the Contract (ABC) amounting to Php 12,600,000.00 for the Procurement of six
(6) 4x4 Manual Pick-up Trucks, in ERDB and PhilGEPS Websites, and at the
conspicuous place in the procuring entity reserved for the purpose within the
prescribed period as provided in RA 9184.
WHEREAS, in response to said invitation, three (3) prospective bidders showed
interest and attended the Pre-bid Conference via Zoom App on 07 November
2022;

WHEREAS, on 21 November, a lone bidder, Nissan Commonwealth, Inc. submitted

their bidding documents and attended the proceedings via Zoom App;

WHEREAS, Section 36(b) of R.A. 9184 provides that the procuring entity is obliged to
consider for award a bid even if it were submitted by the sole bidder who passed
the eligibility requirements or criteria;

WHEREAS, the lone bidder passed the eligibility check conducted by the BAC members
and declared eligible to bid for the project;

WHEREAS, it bears stressing that the procuring entity still retains the right not to
award the contract for justifiable causes enumerated under Section 41 of R.A.
9184 and its IRR-A.

WHEREAS, Section 41 of R.A. 9184 dictates that the HoPE reserves the right to reject
any and all bids, declare a failure of bidding, or not award the contract in the situations
provided in Section 41 of the 2016 IRR of RA 9184. Accordingly, if the HoPE determines
that any of the grounds provided in Section 41 is present in the conduct of the
procurement activity, such as “for any justifiable and reasonable ground where the
award of the contract will not redound to the benefit of the GoP, to wit:
i. if the physical and economic conditions have significantly changed so as to
render the project no longer economically, financially, or technically 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, the HoPE has the right to reject any and all bids,
declare a failure of bidding or not award the contract, in accordance with
Section 41 of the IRR of RA 9184;
WHEREAS, after a thorough and detailed evaluation of bids conducted by the BAC-
Technical Working Group and the End-user, has determined that it is not in the
public interest to award a contract to the lone bidder as the bid does not
redound to the benefit of the Government (a report was submitted on 01
December 2022 attached as annex A);
NOW, THEREFORE, We the Members of the Bids and Awards Committee hereby
RESOLVE, as it is hereby RESOLVED:
a) Declaring the rejection of bids of Nissan Commonwealth, Inc. and recommend
for the conduct of re-bidding for the procurement of the Six (6) 4x4 Manual Pick-
up Trucks.

Done this 01 day of December 2022 at ERDB, College, Laguna.

MAYUMI QUINTOS-NATIVIDAD
Chair

APPROVED/DISAPPROVED:

MARIA LOURDES G. FERRER, CESO III

Director
Date: __________________