DATE

TO

ATTENTION :
RE
:

January 21, 2017

Notice of Post Disqualification

Sir;
Good day,
The undersigned is the retainer counsel of with business address.
On the letter dated December 29, 2016, the aforementioned BAC
Chairman, issued a Notice of Post Disqualification for
The said Notice of Post Disqualification provides the following ground/s
to wit;
Upon verifying the performance of your firm in its on-going
contracts at Regional Office No. VIII, it was found out that you incurred a
NEGATIVE SLIPPAGE beyond 15%. Said negative slippage incurred by
your firm is way beyond that allowed by law as explicitly provided for in
Section 32.3, Rule X of the Revised IRR of RA9184.
The) through the undersigned wishes to file this MOTION FOR
RECONSIDERTION for the Notice of Post Disqualification dated
December 29, 2016, on the following grounds:
1. As to the timeliness of this Motion, the aforementioned letter was
received by CTC on January 19, 2017. Hence, this motion has
complied with Section 55.1, Rule XVII of the 2016 Revised
Implementing Rules of RA 9184.
2. There is no showing in the report that the said negative slippage
incurred by CTC is due to its fault or negligence. Under Section
34.3 paragraph (b), last sentence provides:
If the BAC verifies any of the deficiencies to be due to the
contractors fault or negligence, the agency shall disqualify the
contractor from the award, xxx
3. A careful reading of Section 34 of the Revised Implementing Rule,
would discern that before a contractor may be declared to have
incurred a negative slippage, the BAC must verify first if the said
report is DUE TO THE CONTRACTORS FAUL OR NEGLIGENCE,
absence of such declaration would mean that the aforementioned
section would not apply hence, CTC would not be disqualified for
an unverified and unsubstantiated report.

4. Under Section 3.2.4.1 of Administrative Circular No. 03-2012 ,

provides:
A finding of negative slippage of at least 15%, or substandard
quality of work per contract plans and specifications, or
unsatisfactory performance per contract terms and conditions,
at the time of the inspection, VERIFIED to be borne by the
BIDDERS FAULT or NEGLIGENCE shall be a ground for post
disqualification (emphasis ours)
For your perusal a copy of the aforementioned Administrative
Circular is herewith attached.
5. Therefore, by the aforementioned laws and administrative circular,
the verification slip declaring CTC to have incurred negative
slippage should have attached a finding whether the same is due to
the contractors fault or negligence, absence of the latter, it is the
duty of the BAC to determine whether there is fault or negligence
to justify the disqualification of a BIDDER.
6. Be it noted that before the Bidding Documents of a certain bidder
is opened by the BAC it has undergone a Pre Qualification
performed by the Executing Agency to determine if such
contractor/bidder has a negative slippage based on actual
accomplishment report per approved PERT/CPM and approved
revision plans.
7. By these premises, it is safe to assume that when a bidder is
qualified and has been declared qualified by the Executing Agency
undergoing Prequalification requirements, he is deem to be
declared a Qualified Bidder.
8. With all due respect, may we request a careful interpretation and
understanding of the grounds relied upon. A careful reading of the
aforementioned provisions of law it can be concluded that fault or
negligence of the contractor must be verified first before a
contractor/bidder be declared to have incurred negative slippage.
With this, we respectfully ask for a fair and impartial verification thereof
and therefore request for the reconsideration of the Post Disqualification
of CTC. We hope that the foregoing will be acted within the period
provided by the Revised Implementing Rules and Regulations of Republic
Act 9184 or before the issuance of the notice of award. Further we pray
that no notice of award shall be made pending resolution of this issue or
on appeal.
We hope that you will give this matter your preferential treatment.
Thank you