ERC BAC Resolution No. ?

Jot, Series of 2015

Resolution of the ERC Bids and Awards Committee (2015 BAC)

Recommending Negotiated ProcurementProvided Under Section 53.a
(Two Failed Biddings) ofR. A. No. 9184 (the Government
Procurement Reform Act or GPRA) for the Procurement of
Consultancy Services for the ERC for the Technical Assistance for the
Review of Pricing Methodology of the Net-Metering Program

WHEREAS, the Energy Regulatory Commission (ERC) issued its second

(2nd) Request for Expression of Interest (REI) on November 27, 2015 for
the Procurement of the Consultancy Services for the ERC for the
Technical Assistance for the Review of Pricing Methodology of the Net-
Metering Program with an approved budget for contract (ABC)of Four Million
Two Hundred Pesos (PhP4,200,Ooo.oo), at the ERC bulletin boards in the
premises of the ERC and published at the Daily Tribune - a newspaper of
general circulation. The 2nd REI was posted after the failure of the first bidding
on September 16, 2015 documented under ERC BACResolution No. 22, Series of
2015;

WHEREAS, after the posting and publication of said REI, no

prospective bidder submitted a letter of intent with eligibility documents on
December 4, 2015, the deadline date indicated in the 2nd REI dated November
27,2015;

WHEREAS, Section 35 of the Implementing Rules and Regulations

(IRR) of R.A. 9184 (the Government Procurement Reform Act or GPRA)
enumerates the grounds of failure of bidding.. The instructive provision is
hereby quoted as follows:

"SEC. 35. Failure of Bidding. - There shall be afailure of

bidding if:

(a) No bids are received;

(b) No bid qualifies as the Lowest Calculated

Responsive Bid or Highest Rated Responsive
Bid; or,

(c) Whenever the bidder with the highest rated/lowest

calculated responsive bid refuses, without
justifiable cause to accept the award of contract,
as the case may be.

Under any of the above instances, the contract shall be re-

advertised and re-bid. The BAC shall observe the same process
and set the new periods according to the same rules followed
during the first bidding. After the second failed bidding,
however, the BAC may resort to negotiated procurement as
providedfor in Section 53 of this Act."

Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Mailing Address: P,O. Box 181 Greenhills, Metro ManilaFax Nos. 633-32-53 • 634-86-41
Website: http://www.erc.gov.ph 638-45-17 • 631-58-06
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ERC BAC RESOLUTION No. _~ Series Of2015, Resolution of the Bids and Awards Committee (BAC)
Recommending Negotiated Procurement Per Section 53.1 (Two Failed Bidding) for the Procurement of Technical
Assistance for the Review of Pricing Methodology of the Net-Metering Program

WHEREAS, this Resolution seeks to justify the change in the mode of

procurement following Section 35.5 of the IRR of R. A. No. 9184 which states
that "Should there occur a second failure of bidding, the procuring entity may
resort to negotiated procurement, as provided for in Section 53.1 (Negotiated
Procurement, Two Failed Biddings) afthis IRR".

NOW, THEREFORE, in view of the above premises, WE, the members

of the 2015 Bids and Awards Committee (2015 BAC) hereby RESOLVE to
recommend to ERC Chairman and Chief Executive Officer (CEO)
Jose Vicente B. Salazar to declare the 2 bidding failure and direct the 2015
nd
BAC to now commence the mode of negotiated procurement in view
of this occurrence of two consecutivefailures of public bidding.

RESOLVED at the ERC Main Office, Pasig City, this 10th day of
December 2015.

cr:~
FRANCISCO JOSE S. VILLA, JR.

~?c:C~~an' J .

~--<:'
~~~TE,JR. LEGMUO:G~G, Member
JR.
Member

(CI\ "t"i "i "'\ \rQlu~l')

SHARON O. MONTANER
Member

Approved By:
-
JOSE VICENTE B.
Chairman & CEO
Approved on: _
jdalclsg

-ERe
Office o/the Chairman

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