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Republic of the Philippines

ENERGY
REGULATORY
COMMISSION

, I ':;i""r'
BAC RESOLUTION NO. fig, SERIES OF 201
,
J' L. ~ 41$'/'
A Resolution of the Energy Regulatory Commission Bids a -t1unrrds
Committee (ERC-BAC) Recommending to Declare the Biddingfor the
Procurement of Fifty (50) Licenses TrendMicro Portal Protect
Licensefor Microsoft SharePoint under P.R. No. 2017-03-072 as a
Failure

WHEREAS, on 24 March 2017, the ERC-BAC received a Purchase


Request (PR) from the Planning and Information Service - Management and
Information Systems Division (PIS-MISD) requesting for the Procurement of
"Fifty (50) Licenses TrendMicro Portal Protect License for Microsoft
SharePoint" under P.R. No. 2017-03-072 with the Approved Budget for Contract
(ABC) of SEVENrY FIVE THOUSAND PESOS (PhP75,000.00), VAT
Inclusive;

WHEREAS, based on the 2nd Updated 2017 Annual Procurement Plan


(APP), the procurement of the said goods is one of those items approved by the
Head of the Procuring Entity (HoPE) on 18 July 2017 including the ABC and the
mode of procurement which is shopping;

WHEREAS, on 28 July 2017, the ERC-BAC posted the Request For


Quotation (RFQ) for the Procurement of "Fifty (50) Licenses TrendMicro Portal
Protect License for Microsoft SharePoint" under Shopping mode of procurement
at the websites of the ERC and the Philippine Government Electronic
Procurement System (PhilGEPS) and at the bulletin boards within the premises
ofthe ERC;

WHEREAS, on even date, and in compliance with Annex "H" of the


Consolidated Guidelines for the Alternative Method which states that: "The BAC
shall prepare and send the RFQslRFPs to at least three (3) suppliers,
contractors or consultants of known qualifications. This, notwithstanding, those
who responded through any of the required postings shall be allowed to
participate. Receipt of at least three (3) price quotations must be obtained to
proceed with the evaluation thereof" The BACSecretariat emailed RFQ to four
(4) prospective bidders, namely: (1) Solutions Partner Inc.; (2) American
Technologies Inc.; (3) Optimax Solutions Systems, Inc.; and (4) Genesis
Technologies Inc.;

WHEREAS, on 04 August 2017 at ten o'clock in the morning, the ERC-


BACmembers, together with the RACTechnical Working Group (BAC-TWG)and
the BAC-Secretariat convened for the opening of bids for the Procurement of
"Fifty (50) Licenses TrendMicro Portal Protect License for Microsoft
SharePoint";

WHEREAS, during the opening of the bids on 04 August 2017, only one
(1) prospective supplier submitted its quotation within the prescribed period
from July 31 to August 02, 2017, particularly Optimax Salutions Systems, Inc.;

Pacilic Center Building. San Miguel Avenue, Pasig City Trunk linc: 689-5-372 (ERC)
l\1ailingAddress: P.O. Box 181 Greenhills, Metro ManilaFax Nos. 633-32-53' 634-86-41
Website: hltp:/lwww.crc.gov.ph

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J{)
BAC RFSOLU110N No. 52, Series of 2017 AM
A Resolution afthe Energy Regulatory Commission Bids and Awards Committee (ERC~RAC) Recommending to Declare the Bidding
for the Procurement of IVty (50) Licenses TrendM'icro Portal Protect l.icensefor Microsoft Sharel'oinf

WHEREAS, Section 52 of the Implementing Rules and Regulations


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

Section 52. Shopping

52.3. Under Section 52.1 (b) of this IRR, at least three (3) price quotations from
bona fide suppliers shall be obtained.
xxx

NOW, THEREFORE, We, the Members of the ERC-SAC, hereby


RESOLVE to recommend to the Head of the Procuring Entity (HoPE),
Officer-In-Charge ofERC ALFREDO J. NON the following:

1. To declare the bidding for the Procurement of Fifty (50) Licenses


TrendMicro Portal Protect License for Microsoft SharePoint as a
FAILURE; and

2. The SAC to proceed with the posting of the third RFQ and shall observe
the same process and set the new periods according to the same rules
followed during the first bidding.

RESOLVED at the ERC Main Office, Pasig City, this __ day of August
2017.

~ (lA~~ C ~
MARIA CORilON C. GINES
BAC Chairoerson

(ON OFFICIAL MEETING)


SHARON O. MONTANER
BAC Vice Chairperson

(ON OFFICIAL MEETING) ft~


LEGARIO L. GALANG, JR. RICCI GRACE M. GARCIA
BACMember BACMember

(ON OFFICIAL MEETING)


RHETT ROSWELL F. MISLANG
BACMember

Pacific Center Building, San Miguel Avenue, Pa~ig City Trunk linc; 689-5-372 (ERC)
Mailing Address: P,O. Box 181 Greenhills, Metro Manila Fax Nos. 633-32-53 .634-86-H
Website: hllpJI\\ww ...:rc.gov.ph

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u
SAC Rr..sOLUTION 1'10.52, Series of 2017 AM
A Resolution of the Energy Regulatory Commission lJids and Awards Committee (ERC-DAC) Recommending to Declare the llidding
for the Procurement of Fifty (50) Licenses TrendMiero Portal Protect Licensefor Microsoft SharePoint

MARINAA. CRUZ-BUGAYONG JUDITH L~GOSING


BAC Alternate Member BAC Alternate Member

Approved By:

FORAND BYAUTHORITY
OF THE COMMISSION:

ALFREDO J. NON
Offieer-In-Charge of ERC(

~fProved on:
)bel e/sg/BAC Resolution No. ---5L, Series of 2017 AM

Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)
Mailing Address: P.O. Box 181 Greenhills. Metro Manila Fax Nos. 633.32~53 • 634-86-41
Website: http:// •.•••.••
w.crc.gov.ph

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