Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Department of Justice Manila MINUTES OF OPENING AND EVALUATION OF BIDS (VIRTUAL) FOR THE PROJECT: PURCHASE OF VARIOUS OFFICE FURNITURE & FIXTURES 4 SEPTEMBER 2020; 2:00 p.m. PARTICIPANTS: Bids and Awards Committee: Assistant Secretary Margaret Castillo Padila - Chairperson SSC Rosario Elena A. Laborte-Cuevas - Vice-Chairperson Director Liza B. de Leon - Member ASP Alejandro C. Daguiso = Member Atty. Jo-ann R. Alcid - Member Director Maria Luisa DV Olitoquit Member BAC Technical Working Group Director Maria Charina Buena-Dy Po - Head Director Rodolfo C. Florentin - Member Atty. Jainito Roi C. Atis = Member Atty. Monique Noa - Member Ms. Corazon M. Consunji - Member Ms, Magie T. Pascual - Member Observer: Mr. Dronel Martin - COA Representative Procurement Management Division: CAO Editha D. Cruz AO IV Edgar De Vera Ms. Mirasol Sumadsad 1[Page MINUTES BAC MEETING ~ 4 SEPTEMBER 2020 OPENING & EVALUATION OF BIDSPRELIMINARIES: The BAC Meeting via Google Meet was called to order at 2:00 p.m. by Assistant Secretary Margaret Castillo-Padilla who presided the meeting. Agenda items and discussions/agreements that transpired are as follows: AGENDA DISCUSSIONS/AGREEMENTS Opening of Bid Documents for the Project: Purchase of Various Office Furniture and Foctures 2|Page MINUTES BAC M & EVALUATION OF BIDS Chairperson: No bidder bought bid documents for this project. This is already the second failure of bidding. The BAC can already resort to negotiated procurement, but as requested by Director Ciitoquit, | also want to go over the prices as indicated by the end-users. The feedback | received was that, the prices are too low, so may | request the PMD to flash on the screen the respective TORS that were submitted by the end- users. (Technical Specifications of fumiture and fixtures were flashed on the screen). The PMD presented and discussed the technical ‘Specifications of furniture and fixtures for each | ‘end-users. } ‘The prices provided for the center table, which appear to have a large prevailing market price variance, were as follows: 1. Office of Asec Yap — P14, 498.00 2. Director Oitoquit - P9,920.00 3, Office of Usec Sunga - P2,000.00 Chairperson to PMD: Did you conduct your own market study or did you rely solely on the prices submitted to you by the end-users? The purpose of submission of prices by the end-users is for funding purposes only. CAO Edith: No, Ma'am, we did not. We just based ___| on the amount as submitted by the end-user. ING - 4 SEPTEMBER 2020 OPENING3]Page MINUTES BA & EVALUATION OF BIDS ‘Chairperson to Ms. Magie Pascual (Magie): What was specified under the rules? Ms, Magie: Under the rules Ma'am, CAO Edith is fight. The end-users should conduct its own market study. During the pre-procurement conference, the body has a chance to counter ‘check on the prevailing prices in the market. The PMD should conduct its own market study, so that during the pre-procurement conference, the body can compare the prices of the end-users versus the prices from the PMD market study. In my ‘experience with other offices where | conducted lectures, what they do is to get the mean so that the prices will not be too low and also not too high. So for example, for this item - they added the 3 amounts and divided it by 3 to get the mean that ‘would be the ABC. Chairperson to Ms. Magie: But that computation of ‘ABC has no legal basis, as mentioned during our seminar on procurement. Ms. Magie: Yes, Ma'am. it would depend on the ‘end-user and the procuring entity Director Olitoquit: What is the role of the canvasser in the procurement process? Chairperson: There should be a separate market study by the end-user and canvass by the PMD. We should not be tied up with the market study of the end-user. The PMD should conduct its own canvass. Chairperson to CAO Edith: Do you have a ccompiiation of all the suppliers and also the prices? CAO Edith: Yes, Ma'am, we have a list of suppliers. Wit regard tothe price submitted by the office of Usec Sunga, it was indicated in their PPMP - P2,000.00. if we are going to upgrade the price, we should also change the amount in the PPMP. The PPMP subrnited by th 4 SEPTEMBER‘Sunga has no technical specification, it was the PMD who provided it, same with other end-users. ‘Vice-Chairperson to PMD: Did you conduct your ‘own market study aside from the one submitted by ‘the end-users? CAO Edith: As per Edgar Ma'am, no we did not. Vice-Chairperson to PMD: Did you also apply this practice to other procurements? CAO Edith: Not exactly Ma'am. We also conduct market studies on other projects. For example, for ‘our office supplies, we conduct our own canvass. Chairperson fo CAO Edith: Who is conducting the market study? CAO Edith: Mr. Edgar De Vera, Ma'am. Chairperson to CAO Edith: That is the reason why ‘we encounter two (2) failed biddings because the PMD did not conduct its own canvass. What the PMD did was, you add the 3 amounts from the end-users and get the mean. ‘CAO Edith: Next time Ma’am, we will do that. PMD continued the presentation of the technical | specifications forthe office of Asec Yap. Chairperson: For the conference table (8-seater), the amount of P14,999.00 is too low. PMD should coordinate with the end-user. For the conference chair (mesh type), the amount of P2,000.00 is too low. PMD should check even via online. | doubt if even Mandaue offers an item with said price. Next presentation- technical specifications for the office of Director Oltoquit and Usec Sunga @]Page MINUTES BAC MEETING — 4 SEPTEMBER 2020 OPENING & EVALUATION OF BIDSChairperson fo CAO Edith: You should check the prices of conference table with the following suppliers: 1, Mandaue 2. AllHome: 3. Retail Theraphy 4. SM Home, & 5. OurHome You should also give the end-users options on whether to re-approve PPMP or downgrade the technical specifications of their items. CAO Edith to Chairperson: if for example, the end- user chose to downgrade the prices, are we going toissue a SAPP? Chairperson: if the end-user chose for a. re- approval of their budget, it will take lime and may cause further delays, Director Oltoquit to Chairperson: Can | request for «a separate procurement ofthe items for my office, considering that ! am scheduled to transfer to my new office this coming second week of September? ‘Chairperson: May I hear from the other members, of the BAC? As a recap, we are trying to determine the reason for our failure of bidding. It tumed out that the prices provided by the end- users are not available in the market for the fumiture that they requested. So PMD would go back to the end-users and inform them about it and give them options either to have their PPMP re- approved by the budget division, increase their amount, or they would have to downgrade their specifications, which would take time. Director itoquit is requesting, if possible, to separate her request, since the bases of her prices were from three (3) suppliers and you can see that the prices she submitted were higher compared to the prices submited by other end-users. Are you amenable to her request? S|Page MINUTES BAC MEETING — 4 SEPTEMBER 2020 OPENING & EVALUATION OF BIDS‘ASP Daguiso: May we hear the comment of the TWG, and their views on the matter. Director Dy Po: Since there are several end-users. who requested similar items, we could be liable for splitting of contracts. Chairperson: Even if we had two (2) tailed biddings? Director Dy Po: What the COA will question on ‘that Ma'am, is that the DOJ will get the possible lowest price if it will procure in bulk. While if we purchase on a separate basis, that may not give the government the best possible price. Director Florentin to PMD: What was stated in the APP? Is itfor one (1) lot or per end-user? What is the mode of procurement? CAO Edith: It is per end-user. We only consolidated them for procurement purposes. Mode of procurement is public bidding Director Florentin: So even if we separate the request of Director Olitoqut, it wil stil be public biding. CAO Edith: No, Sir, it will fll under negotiated procurement because we already had two (2) failed biddings, ‘ASP Daguiso: If we are going to adjust the price ‘and would still push for a negotiated procurement, | do not think we have that kind of procedure before. | joined the observation of the TWG, that it would be a red flag for splitting of contract if we wil separate the procurement of other end-users. Unless, the TWG can come up with an exemption that will allow this mode of procurement Director Alc: The TWG had already handed its opinion. And if we are going to allow the request of Director Oltoquit, it might lead us to what we G|Page MINUTES BAC MEETING & EVALUATION OF BIDS SEPTEMBER 2020 OPENINGcall, seit hanging. We should follow the advice of the TWG. Director De Leon: | have the same view as that of Director Alcid and ASP Daguiso. Vice-Chairperson: My stand is that since we had already two (2) failed biddings, we can proceed to negotiated procurement on the condition that all procurement shall be included, but if there is an adjustment in prices, we should do it thru pubic bidding for all because if we separate one from the rest, it may be construed as splitting of contracts. Chairperson to Director Oltoquit: Please monitor closely with PMD. We should set a deadline for the other end-users to get back to PMD with their decisions whether to stick fo the budget, but they will downgrade the specifcation requirements; or will subject their PPMP for re-approval Director Oitoquit: Yes, Asec. Chairperson fo PMD: Let us agree for a timeline. When will the PMD going to release the memorandum to end-users? CAO Edith: On Monday Ma'am. Chairperson: The tenor of the memorandum is to inform you that the procurement for the purchase of various office fumiture and fixtures had failed twice. Upon determination of the BAC, the cause of fllure was thatthe prices indicated were far too low. You are hereby given options whether to retain the approved budget but with a downgraded ‘quality of fumiture, or a re-approval of another PPMP; That their answers should be sent and received by the PMD until Thursday. You may also include in the memorandum that - under procurement rules, if there isa failure of bidding, i should be advertsed/publshed within 15 days. If you fail to advertise, you should notify the Head of the Procuring Entity (HOPE). 7T|Page MINUTES BAC MEETING — 4 SEPTEMBER 2020 OPENING & EVALUATION OF BIDSOther Matters: 1. BAC Internal Rules 2. GPPB Resolution No. 14-2020 Vice-Chairperson to Chaiperson: Should we route the BAC internal rules to SOJ for the issuance of a Department Circular (0.C).? Chairperson: We can also do that, but the last time we talked about it, it was agreed that it was ‘sufficient for the BAC and HOPE. Vice-Chairperson: Sufficient for is implementation per approval of HOPE, but since it was considered as an accomplishment of the BAC, why not make itaD.C, if tis okay and if the body will agree. Chairperson: | also agree with you that itis more appropriate i it wil be approved by the Secretary. CAO Edith mentioned about GPPB Resolution No, 44-2020 entitled: “Approving the Prescribed Form of Blackisting Order, the Implementation of the Online Blackiisting Portal for Posting and Updating of status of Blacklisted Entities, the Circular for the issuance and posting of Blacklisting Orders, and the amendments to Section 10 of the Revised Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors and Consultants” Accordingly, the Circular mandates PEs to register its designated official and alternate users in the posting and updating status of blacklisted entities, Both the Chairperson and the Vice-Chairperson ‘agreed thal the PMD should be the one in charge ofthis matter. There being no other matters to be discussed, the meeting was adjouned at 4:45 p.m, Prepared by: *AULO, JR. AOV, PI B]Page MINUTES BAC MEETING - 4 SEPTEMBER 2020 OPENING & EVALUATION OF BIDSSubmitted by: ITHA D. CRUZ CAO, PMD ‘Approved by: Dir. MARIA CHARINA BUENA-DY PO Head, BAC-Technical Working Group Q|Page MINUTES BAC MEETING ~ 4 SEPTEMBER 2020 OPENING & EVALUATION OF BIDS