PULICAY GRANDSON’S CONSTRUCTION

Ampusongan, Bakun, Benguet and/or

ID 41, Betag, La Trinidad, Benguet
________________________________________________________________

January 11 2019

ENGR. TUHO C. CHAPDIAN

BAC Chairperson and
Provincial Planning and Development Coordinator

Re: Motion for Reconsideration for the letter of disqualification of the Bids and Award
Committee for the bidding of the infrastructure project: “CONSTRUCTION OF PCCP WITH
DRAINAGE CANAL AT PROVINCIAL HOUSING PROJECT, PHASE 2” located at Wangal, La
Trinidad, Benguet

Sir:

Greetings!

This is to respectfully request for reconsideration the disqualification letter/decision of

the Bids and Awards Committee, Province of Benguet specifically for the infrastructure
project, “CONSTRUCTION OF PCCP WITH DRAINAGE CANAL AT PROVINCIAL HOUSING
PROJECT, PHASE 2” located at Wangal, La Trinidad, Benguet dated June 18, 2018 and
was receieved by this firm last June 19, 2018.

Dutifully, we disagree with the letter decision of the Bids and Awards Committee, Province
of Benguet that this firm failed to submit/use the BAC prescribed Special Power of
Attorney (SPA)considering that it is a general authority.

The firm submitted the required authorization.

A special power of attorney is one which narrows what the agent can make. It is the
power and/or act of the agent which has it limits.

The Special Power of Attorney we utilized may be broad in its area of application
for it empowers the agent to act for in and behalf of the principal in any public
bidding but it does not automatically negate the fact that it limits and narrows the
act or powers on which the agent will use in exercising the granted authority. The
SPA we submitted firmly limits the agents power by specifically stating therein that
he is only authorized to purchase, submit and sign bid proposal in behalf of our
firm’s participation in any public bidding. The agent cannot freely make a decision
nor does have the broad discretion to make it a general authorization.

In essence, it is not necessary or a requirement that for an authority to be limited, it

should specifically provide the project in which the agent will utilize it. The
submitted SPA is herein attached as annex “A” for your easy reference and made an
integral part hereof.

The Bids and Awards Committee, Province of Benguet is estopped in accepting the
Submitted Bid Proposal
 Even considering that the utilized SPA is not the prescribed form, the Bids and
Awards Committee, Province of Benguet is estopped in questioning it because it
accepted the Bid Proposal upon showing by the agent of its authority to submit it.

The BAC Secretariat assigned to received should right there and then denied it. By
receiving it, the Bids and Awards Committee, Province of Benguet waived its
authority to question it. And by questioning it later, it is not only unfair but also
unjust on the part of the principal who right there and then could have avail of any
legal remedy for him to participate in the public bidding or at least for him to
personally submit the Bid proposal.

Prudence on the part of the Bids and Awards Committee, Province of Benguet
should have been observe. The failure of the Bids and Awards Committee, Province
of Benguet should not unjustly deprive the principal in participating in the public
bidding.

Pleading further, on ground of acquiescence and normal practice of the Bids and
Awards Committee, Province of Benguet, the submitted SPA is the usual SPA in
which this firm used in its previous participation in previously bided infrastructure
projects in the province. This firm sees no difference.

Henceforth, the foregoing considered, the Bids and Awards Committee, Province of
Benguet is herein respectfully requested to reconsider its decision issued through letter
on June 18, 2018.

Very truly yours,

REYNALDO P. MONTE
Proprietor/Manger