BAC RESOLUTION DECLARING 2ND FAILURE OF

BAC Resolution
BIDDING & TO PROCEED WITH NEGOTIATED Page 1 of 12 pages
No.247, s.2018 PROCUREMENT

development academy of the philippines

B I D S & A W A R D S C O M M I T T E E (SO N O .2018-035)

BAC Resolution No. 247, series of 2018

BAC RESOLUTION DECLARING 2ND FAILURE OF BIDDING & TO

PROCEED WITH NEGOTIATED PROCUREMENT
Contract:
“ONE LOT CONSTRUCTION OF A FOURTEEN-STOREY REINFORCED CONCRETE BUILDING
COMPRISING FOUR-STOREY MULTI-USE PODIUM, TEN-STOREY ACCOMMODATION TOWER WITH
ROOF DECK AND BASEMENT PARKING & UTILITIES IN DAP CONFERENCE CENTER IN TAGAYTAY
CITY FOR THE PURPOSES OF “STRENGTHENING THE CAPACITY OF THE DEVELOPMENT ACADEMY OF
THE PHILIPPINES TO PROVIDE BOTH GENERAL & HIGHLY SPECIALIZED TRAINING COURSES FOR
GOVERNMENT OFFICIALS”
ABC:
P838,000,000.00 Bidding No.
IB18-381683-03

WHEREAS, the Academy advertised on September 19, 2018 (Wednesday) the

Invitation to Bid of the contract cited above in one of the newspaper in nationwide
general circulation (The Philippine Star) and posted the same in the PhilGEPS
Website, DAP Website, and conspicuous places at the DAP Pasig premises
continuously for seven (7) calendar days;

WHEREAS, five (5) prospective bidders bought the Official Bid Documents (OBD),
namely: [a] ICON Construction & Builders Corporation (ICBC); [b] Embrocal
Builders, Inc. (EBI); [c] A.G. Araja Construction and Development Corporation
(AGACDC); [d] S.C. Megaworld Construction and Development Corporation
(SCMCDC); and [e] E.M. Cuerpo, Inc. (EMCI) at P75,000.00 each;

WHEREAS, on the scheduled Submission and Opening of Bids last 10 October

2018 (Wednesday), only four (4) bidders tendered their Bids, namely:
1. Embrocal Builders, Inc. (EBI), submitted at 09:20 AM;
2. S.C. Megaworld Construction and Development Corporation (SCMCDC),
submitted at 09:22 AM
3. ICON Construction & Builders Corporation (ICBC), submitted at 09:41 AM;
and,
4. E.M. Cuerpo, Inc. (EMCI), submitted at 09:46 AM

WHEREAS, a Letter of Regret1 was submitted by AGACDC on the same date of the
Submission and Opening of Bids;

WHEREAS, during the said scheduled Submission and Opening of Bids, the Bids
submitted by Embrocal Builders, Inc. (EBI) and S.C. Megaworld Construction and
Development Corporation were declared by the Bids and Awards Committee (BAC)
as “PASSED” subject to further evaluation of their Eligibility, Technical, and
Financial Documents;
1
Annex “A” – Letter of Regret from AGACDC
 BAC RESOLUTION DECLARING 2ND FAILURE OF
BAC Resolution
BIDDING & TO PROCEED WITH NEGOTIATED Page 2 of 12 pages
No.247, s.2018 PROCUREMENT

WHEREAS, on 17 October 2018, upon evaluation and validation of the bids

submitted, the BAC declared the bid of SCMCDC as the LOWEST CALCULATED
BID2 (LCB) and furnished bidders, thru email, on the declaration of the LCB and the
commencement of the Post-Qualification process. However, a Notice of
Disqualification3 was sent to EBI on the same day;

WHEREAS, on the instruction from the BAC to proceed with the Post-Qualification of
the bid submitted by SCMCDC, the BAC Technical Working Group (BAC-TWG)
convened and conducted their Post-Qualification on the bid submitted by the LCB;

WHEREAS, on 25 October 2018, the BAC-TWG presented their findings and

recommendations to the BAC and was then deliberated by the BAC as to
SCMCDC’s bid responsiveness and upon BAC’s deliberation, the bid submitted by
SCMCDC was then declared “non-responsive”;

WHEREAS, on 26 October 2018, a Notice of Post-Disqualification4 to SCMCDC was

sent thru email;

WHEREAS, on the consideration of the procedure set forth by 2016 Revised

Implementing Rules and Regulations of RA 9184, the exhaustion of filing a Request
for Reconsideration within three (3) calendar days has already lapsed resulting to a
failure of bidding; and

WHEREAS, the BAC declared the 2nd Bidding for the Project as “FAILED” and
recommending for the approval of the Head of the Procuring Entity (HoPE) to
proceed with the Negotiated Procurement as per Section 53.1 of the 2016 Revised
Implementing Rules and Regulations of RA 9184.

NOW, THEREFORE, we, the members of the BAC as per SO No. 2018-035 hereby
RESOLVED as it is hereby RESOLVED:

1. To declare the 2nd Failure of Bidding for the Project; and

2. To recommend to the HoPE the approval of declaring 2nd FAILURE OF

BIDDING for Project herein described and approval to proceed with the
Negotiated Procurement as per Section 53.1 of the 2016 Revised IRR of RA
9184.

RESOLVED on this 30th day of October 2018.

2
Annex “B” – BAC Resolution No. 217, s. 2018
3
Annex “C” – Notice of Disqualification of EBI
4
Annex “D” – Notice of Post-Disqualification of SCMCDC
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 BAC RESOLUTION DECLARING 2ND FAILURE OF
BAC Resolution
BIDDING & TO PROCEED WITH NEGOTIATED Page 3 of 12 pages
No.247, s.2018 PROCUREMENT

Concurred by the BIDS & AWARDS COMMITTEE SO#2018-035 dated 26 April 2018

-signed- -signed-
MONICA D. SALIENDRES IMMANUEL A. MAGALIT
BAC Alternate Member 1 BAC Member 2

-signed- -signed-
ALVIN P. PRINCIPE MONINA A.R. DE ARMAS
BAC Alternate Member BAC Member 4

-signed- -signed-
ERMARIE A. MONDEJAR TRYGVE A. BOLANTE
BAC End-User’s Representative BAC Vice-Chairperson
Approved by:

-signed-
BERNARDO A. DIZON
Chairperson, BAC (SO-2018-035)
Certified as to Certificate of
Reviewed as Legally Compliant: Prepared by:
Availability of Funds:

-signed- -signed- -signed-

ATTY. MARY ANNABELLE CRUZ- ANATALIA SD. BARAWIDAN ATTY. REMUS ROMANO A. REYES
DOMINGO Acting Managing Director, Finance Director, BAC Secretariat /Admin
DAP Legal Officer, Corp Office Department Department

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 BAC RESOLUTION DECLARING 2ND FAILURE OF
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BIDDING & TO PROCEED WITH NEGOTIATED Page 4 of 12 pages
No.247, s.2018 PROCUREMENT

Annex “A”
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Annex “B”
Page 1 of 3

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Annex “B”
Page 2 of 3

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Annex “B”
Page 3 of 3

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Annex “C”
Page 1 of 2

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BIDDING & TO PROCEED WITH NEGOTIATED Page 9 of 12 pages
No.247, s.2018 PROCUREMENT

Annex “C”
Page 2 of 2

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Annex “D”
Page 1 of 3

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Annex “D”
Page 2 of 3

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Annex “D”
Page 3 of 3

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