A RESOLUTION DENYING THE MOTION FOR RECONSIDERATION OF

ACCURACY BUILDER ENTERPRISE FOR FAILURE TO COMPLY WITH SECTION

19.4 OF THE BIDDING DOCUMENTS FOR THE PROCUREMENT PROJECT
"CONSTRUCTION OF NPC THREE-STOREY SCHOOL BUILDING WITH
ROOFDECK"
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 NPC THREE-STOREY
SCHOOL BUILDING WITH ROOFDECK" 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, ACCURACY BUILDER ENTERPRISE 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 ACCURACY BUILDER ENTERPRISE as
"FAILED" for failure to attach any document to support that the signatory is the duly
authorized representative of the Bidder, and granted full power and authority to do,
execute and perform any and all acts necessary and/or to represent the Bidder in
the bidding.
WHEREAS, on August 26, 2015, a Motion for Reconsideration was filed by
ACCURACY BUILDER ENTERPRISE articulating that:
"It is our opinion that the bid stated above the is the original bid of
which I have original sign on all pages. Copy 1 and Copy 2 are faithful
reproduction and machine/xerox copies of the original of which bear
my xerox sign.
I have also submitted under my Sworn Statement that all my
documents submitted are authentic and faithful reproduction..."

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, by the act of submitting its bid, shall be
deemed to have inspected the site, determined the general
characteristics of the contract works and the conditions for
this Project and examine all instructions, forms, terms
and specifications in the Bidding Documents.
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.
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 expect the
Committee to make reference to other documents submitted to
determine the authenticity of the documents it submitted for the
bidding. The underlying reason for requiring the signature or initial on
each and every page of the bid is to provide the Committee some

reasonable basis to rely on these documents considering the

constraints involved in opening the bids.
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 ACCURACY BUILDER ENTERPRISE 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 NPC
THREE-STOREY SCHOOL BUILDING WITH ROOFDECK"