09171818080 / priffyrdsupplies@yahoo.

com
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5 August 2020

SHERELL S. PE BENITO
Chairman, Bids and Awards Committee
Ilocos Norte Second District Engineering Office
Department of Public Works and Highways

In re : Notice of Non-Compliance in connection with “Supply

and Delivery of Reflectorized Traffic Paint White for use
along National Roads within Ilocos Norte 2nd DEO”
PhilGEPS Reference No. 7142734
Solicitation No. AB-2020-0021

Dear Engr. PE BENITO,

This refers to the above-captioned procurement of INDEO wherein we were

found to be non-compliant due to alleged “expired tax clearance”.

We would like to respectfully request for reconsideration for the said finding of
the Bids and Awards Committee (BAC) for the following reasons :

1. It is noted that our Tax Clearance was supposed to be valid until last 26
March 2020;
2. However, the said date fell within the declaration of Community
Quarantine by the President that took effect last 15 March 2020;
3. In as much as we have wanted to process the renewal of our Tax
Clearance with the BIR, various forms of community quarantine
(Enhanced, Modified Enhanced, General, Modified General –Community
Quarantines) have been implemented and still being enforced, thus
preventing us to do so in the interest of health and safety and in
compliance with Government mandate on restricted mobility;
4. Further, BIR Revenue Regulation No. 11-2020 effectively extended the
validity of BIR documents, to include Tax Clearances, to varying due
 dates, pursuant to Section 4(z) of RA No. 11469 (Bayanihan to Healas
One Act);
5. In particular, Tax Clearances fall under Item 40 of the said Revenue
Regulation, and are deemed to be extended until “Thirty (30) days from
the date of the lifting of the quarantine” (a copy of which is hereto
attached for your reference);
6. To be clear, the said Revenue Regulation explicitly defined quarantine as
to “mean any announcement by the National Government resulting to
limited operations, mobility, including, but not limited to, community
quarantine, enhanced community quarantine, modified community
quarantine, and general community quarantine.”;
7. It must be noted that the Ilocos Region is still under Modified General
Community Quarantine (MGCQ) until 15 August 2020, as declared by
the Inter-Agency Task Force for the Management of Emerging Infectious
Diseases in its Resolution Numbered 60-A dated 30 July 2020. (a copy of
which is hereto attached for your reference)

Based on the foregoing, the undersigned most respectfully requests the BAC of
IN 2nd DEO to please reconsider its finding of Non-Compliance due to expired
tax clearance in as much as the same is deemed still subsisting pursuant to
the aforementioned issuance of the BIR.

Most respectfully submitted :

LEONARD O. REGALA
Authorized Representative
Priffyrd Supplies

cc : The District Engineer

Ilocos Norte Second Engineering District