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(SAMPLE RESOLUTION DENYING A MOTION FOR RECONSIDERATION)

A RESOLUTION DENYING THE MOTION FOR RECONSIDERATION OF XXX


ENGINEERING AND CONSTRUCTION FOR FAILURE TO COMPLY WITH
SECTION 19.4 OF THE BIDDING DOCUMENTS FOR THE PROCUREMENT
PROJECT
"CONSTRUCTION OF SCHOOL BUILDING"
WHEREAS, it is the task of the Bids and Awards Committee to ensure that
the Philippine Public Safety College abides by the standards set forth in Republic Act
No. 9184, otherwise known as The Government Procurement Reform Act (as
amended) and its Implementing Rules and Regulations, to all its procurement
activities;
WHEREAS, the project "CONSTRUCTION OF SCHOOL BUILDING " was
subjected to Public Bidding and the Invitation to Apply for Eligibility and to Bid for
the same was duly advertised in the PPSC website and in conspicuous places, as
certified by the Head of the BAC Secretariat;
WHEREAS,XXX ENGINEERING AND CONSRUCTION and others bought
the bidding documents for the Project as evidenced by the official receipts issued
for the sale of the bidding documents;
WHEREAS, on August 24, 2015, the date set for the opening of bids, after
examination and evaluation of the Bid Documents (Technical Documents)
submitted, the Bids and Awards Committee declared the Bid Documents (Eligibility
and Technical Component) submitted by XXX ENGINEERING AND CONSRUCTION
as "PASSED";
WHEREAS, upon opening of the Financial Component of XXX ENGINEERING
AND CONSRUCTION, it was observed that Copy 1 and Copy 2 of the Bid Form
were not originally signed or initialled, as such the bid was declared disqualified for
failure to comply with Section 19.4 of the Bidding Documents which provides: "The
bid, except for the unamended printed literature, shall be signed, and
each and every page thereof shall be initialled by the duly auhtorized
representative of the bidder."
WHEREAS, on August 26, 2015, a Motion for Reconsideration was filed by
XXX ENGINEERING AND CONSRUCTION articulating that:
"xxx such provision as afore-stated refers to the original FINANCIAL
COMPONENT and not to the First and Second Copy. The reason being
that Sec . 19.4 just mentioned "The bid" and have (sic) not at all
mentioned the "First Copy and "Second Copy" of the original Financial
Component"

WHEREAS, after due deliberation, the members of the Bids and Awards
Committee unanimously agreed to take into consideration the following in resolving
the Motion for Reconsideration:
1.
The Instructions to Bidders is clear and precise that the
Bidder shall be responsible for the following:
6.2.a.
Having taken steps to carefully examine all of the
Bidding Documents; xxx
6.2.f.
Ensuring that each of the documents submitted
in satisfaction of the bidding requirements is an authentic
copy of the original, complete and all statements and
information provide therein are true and correct; xxx
Failure to observe any of the above responsibilities shall be
at the risk of the Bidder concerned.
6.3.
The Bidder is expected to examine all
instructions, forms, terms and specifications in the
Bidding Documents. xxx
6.5.
The Procuring Entity shall not assume any
responsibility regarding erroneous interpretations or
conclusions by the prospective or eligible bidder out of
the data furnished by the procuring entity. xxx
6.7.
Before submitting their bids, the Bidder is deemed to
have become familiar with all existing laws, decrees,
ordinances, acts and regulations of the Philippines which may
affect this Project in any way. (Section II. Instructions to Bidders,
Item 6. Bidder's Responsibility, pp13-14)

2.
The Bid Documents/Instructions to Bidder is clear and
precise that "The bid, except for the unamended printed
literature, shall be signed, and each and every page thereof
shall be initialled by the duly authorized representative of the
bidder."
3.
That it is erroneous for the movant to interpret that the
required initial on each and every page refers only to the original
Financial Component when Section 19.4 of the Bidding Documents
used the words "The bid". It is elementary in the rules that it is not
possible for a bidder to submit more than one bid. As such, the words
"The bid" refers only to the bid submitted by the bidder which is

required to be in three (3) copies and all of which are collectively


considered as "The bid".
NOW, THEREFORE, We, the Members of the Bids and Awards Committee,
hereby RESOLVE as it is hereby RESOLVED, to DENY the Motion for
Reconsideration of XXX ENGINEERING AND CONSRUCTION in connection to the
decision to declare its bid as "failed" or "disqualified" for failure to comply with
Section 19.4 of the Bidding Documents for the project "CONSTRUCTION OF
SCHOOL BUILDING"