RA9184
RA9184
RA9184
Particulars Estimate
Budget
Electrical, Civil/Architectural P11,049,160.00
and Various Requirements for
SEC Office Space in PICC
Modular Workstations 8,287,200.00
Server Room and Structured 11,500,000.00
Cabling System
P30,836,360.00
Aside from the monthly rental of
P5,550,132.84, additional expenses for
depreciation needs to be allocated for the
refurbishment needs to be considered in
the CBA.
Additionally, the BAC Resolution dated
May 13, 2015 for the Lease of Office Space
raised, among others, the concern on the
cost of refurbishing/renovation of DMCI
building, the lowest calculated bidder, to
be P40Million, a substantial amount to be
shouldered by the agency. In the case of
PICC, the refurbishment cost was not
considered in the CBA.
(c) Late posting of the procurement c. As mentioned above, Section 54.2 of
activities in the PhilGEPS and SEC Revised IRR provides:
website, which defeated the purpose
of transparency “For alternative methods of
procurement, advertisement and
Sec.3, RA 9184 provides: posting as prescribed in Section 21.2.1
“a.)Transparency in the procurement of this IRR may be dispensed with xxx”
process and in the implementation of
procurement contracts xxx Further, Appendix 13 “Implementing
b)Xxx Guidelines on Agency-to Agency
c)Xxx Agreements” provides:
d)Xxx
e)Public monitoring of the “6. Procedural Requirements
procurement process xxx”
a. Xxx
Sec. 6.f. Procedural Requirements in c. Xxx
Appendix 13: Implementing d. Xxx
Guidelines on Agency-to Agency e. Purposes of information, the Procuring
Agreements requires that the Agency shall enter post Notice Award in
Procuring Agency should post general the following areas:
information pertaining to the
procurement activity, for a period of i. Philippine Government Electronic
seven (7) days, in the following areas: Procurement System or PhilGEPS;
ii. Website of the Procuring Agency,
“i. Philippine Government Electronic if any; and
Procurement System (PhilGEPS); iii. Any conspicuous place in the
ii.Website of the Procuring Entity, if premises of the Procuring Agency.”
any; and
iii.Any conspicuous place in the Hence, there is no longer mandatory period
premises of the Procuring Agency.” for posting. Thus, posting of NOA, contract,
and NTP for purposes of information is
sufficient.
2. Payment of lease without legal basis As extensively discussed above under no. 1
considering that the contract was and as borne out by the RECORDS, SEC
perfected contrary to Section 10 of followed the procedures for Lease of Real
2016 Revised IRR of RA 9184 Property and Agency-to-Agency
Agreements. The validity entered contract
Sec. 10 of RA 9184 requires that: between PICC and SEC, Notice to Proceed
“All procurement shall be done through and eventual use by SEC of the PICC leased
competitive bidding, except as provided in office space serve as sufficient legal bases
Rule XVI of this IRR.” for the payment of lease.
3. SEC was not able to utilize fully the The major projects undertaken related to
leased property on time due to delayed the transfer to the PICC are:
procurement of materials for 1. Supply, Delivery and Installation of
refurbishment wasting approx. O17.5 Modular Workstations for the SEC Office
Million (June to October 2016), which Space in PICC
may fall under JUEEU expenditures 2. Supply, Delivery and Installation of
Server Room and Structured Cabling for the
SEC Office Space in PICC
3. Supply, Delivery and Installation of
Electrical/Civil/Architectural and Various
Requirements for the SEC Office Space in
PICC. The award of these projects were
delayed for reasons beyond the control of
the SEC.
The COA observers attended the relevant
procurement activities and were notified of
the failed biddings, failed re-biddings as
well as the resort to Negotiated
Procurement after two failed biddings
Please consider the significant details of
the procurement activities and the results
thereof:
1. Modular Workstations
First Bidding:
June 24, 2016- Publication of Invitation To
Bid (ITB)
July 11, 2016 – Pre-bid Conference
July 25, 2016-Deadline for submission of
bids
Result: Failed Bidding
Reason: Distinctive Blinds and Office
System was sole bidder. It failed to attach
Contract or Purchase/Work Order for the
Single Largest Contract
Second Bidding:
July 5,2016- ITB was published
July , 2016- Pre-bid Conference
August 5, 2016 – Deadline for submission
of bids.
Result: Failed Bidding
Reasons; The 2 bidders failed to comply
with the bidding instructions as follows:
a. Design Excellence failed to follow
instruction in Sec. 3, GCC Clause 20.3;
failed to submit a copy of original
submission
b. Distinctive did not follow the
prescribed format
2. Structured Cabling
First Bidding:
June 28, 2016- ITB was published
-21 Suppliers viewed the invitation in the
PhilGEPS
- Maximum Data and Multi-Folds bought
bidding documents
July 1, 2016- Pre-bid Conference
July 15,2016- Deadline for submission of
bids
Result: Failed Bidding
Reason: Maximum Data did not submit a
bid and Multi-Folds failed to attach PCAB
License
Second Bidding:
July 27, 2016- ITB was published
August 1, 2016- Pre-bid conference
-14 Suppliers viewed the invitation
August 15, 2016- Deadline for submission
of bids
Results: Multi-folds was the sole bidder
Said bidder was post-disqualified upon
review by the OGC. Hence, the BAC
declared Failed Bidding
3. Electrical/Civil/Architectural Works
First Bidding:
June 6, 2016- ITB was published
June 15, 2016- Pre-bid Conference
June 27, 2016- Deadline for submission of
bids
Result: Failed Bidding
Reason: Marcphil (lone bidder) failed to
attach the correct format of Bid Securing
Declaration
Second Bidding:
July 20, 2016- ITB was published
July 25, 2016- Pre-bid Conference
August 28, 2016- - Deadline for
submission of bids
Result: Failed Bidding
Marcphil (lone bidder) was post-
disqualified due to negative slippage