Republic of The Philippines Energy Regulatory Commission: Alternative Methods

Republic of the Philippines
ENERGY
REGULATORY
COMMISSION
BAC RESOLUTION NO. 97 AM, 1 SERIES OF 2021
A Resolution Denying the Motion for Reconsideration

filed by Quartz Business Products Corporation
for the Procurement of Portable/Mobile Printer
WHEREAS, Republic Act (R.A.) No. 9184, otherwise known as the

“Government Procurement Reform Act,” provides that each procuring entity shall
establish a single Bids and Awards Committee (BAC) for its procurement and that all
procurement of the national government, its departments, bureaus, offices and
agencies, including state universities and colleges, government-owned and/or -
controlled corporations, government financial institutions and local government
units, shall, in all cases be conducted in accordance therewith and its 2016 Revised
Implementing Rules and Regulations of RA. No. 9184 (Revised IRR);
WHEREAS, on various dates the Energy Regulatory Commission Bids

and Awards Committee – Alternative Methods (ERC BAC – Alternative)
received Purchase Requests (PR)s from the following ERC Services requesting
for the procurement of Portable Mobile Printers;
Services Quantity PR No. Date Received
OCCM-Office of the Chairperson 6 Units 2021-08-133 26 August 2021
and CEO
OED- Office of Executive Director 2 Units 2021-09-141 02 September 2021
PPIS-MISD 5 Units 2021-08-134 27 August 2021
Office of the General Counsel and 2 Units 2021-08-139 27 August 2021
Secretariat
ROS 5 Units 2021-08-132 25 August 2021
Legal Service 2 Units 2021-08-138 31 August 2021
FAS-Supply Section 4 Units 2021-08-137 31 August 2021
Market Operations Division (MOS) 2 Units 2021-09-140 01 September 2021
Consumer Affair Service 5 Units 2021-09-142 08 September 2021
WHEREAS, to support the said request, the aforementioned Services, likewise,

submitted a PPMP, and the PPIS submitted a market study and technical
specifications;
1 Alternative Methods.
BAC RESOLUTION NO. _ AM, SERIES OF 2021
A Resolution Denying the Motion for Reconsideration filed by Quartz Business Products Corporation for
the Procurement of Portable Mobile Printer
WHEREAS, the approved Annual Procurement Plan (APP) for Fiscal

Year (FY) 2021 – Supplement No. 08 (AM)2 identified Shopping3 as the mode
of procurement for the Procurement of the Portable Mobile Printers with
an Approved Budget for the Contract (ABC) in the amount of Five Hundred
Thirty-one Thousand Pesos & 03/100 (Php531,000.03), inclusive of
VAT and other government taxes, fees and charges;
WHEREAS, on 21 September 2021, the ERC BAC – Alternative

posted RFQ No. 2021-09-062 at the PhilGEPS website, the ERC website,
the ERC Facebook Page and in the conspicuous place reserved for the purpose,
which provided for the deadline of submission of quotations on 30
September 2021 (Thursday) at three o’clock in the afternoon (3:00
P.M.);
WHEREAS, pursuant to Item V-C 2b (iv), Annex “H” of the 2016

Revised IRR of R.A. No. 9184,4 the ERC BAC – Alternative, through its
2
Approved by the Head of Procuring Entity (HoPE) on 18 August 2021.
3 Republic Act No. 9184 otherwise known as the “Government Procurement Reform Act”:
ARTICLE XVI: ALTERNATIVE METHODS OF PROCUREMENT
Section 52. Shopping. - shopping may be resorted to under any of the following instances:
xxx
b. Procurement of ordinary or regular office supplies and equipment not available in the
Procurement Service involving an amount not exceeding Two hundred fifty thousand pesos
(P250,000) xxx: Provided, further, That at least three (3) price quotations from bona fide suppliers
shall be obtained.
The above amounts shall be subject to a period review by the GPPB. For this purpose, the GPPB
shall be authorized to increase or decrease the said amount in order to reflect changes in economic
conditions and for other justifiable reasons.
4
Republic Act No. 9184 otherwise known as the “Government Procurement Reform Act”, Annex “H”:
Consolidated Guidelines For Alternative Method of Procurement:
V. SPECIFIC GUIDELINES
xxx
C. SHOPPING
xxx
Pacific Center Building, San Miguel Avenue, Ortigas Center 1605, Pasig City
Metro Manila, Philippines
Tel. No. (02) 8689-5372
Email Address: records@erc.ph; records@erc.gov.ph Facebook: www.facebook.com/ERCgovPH
ERC Website: www.erc.gov.ph Twitter: www.twitter.com/ERCgovPH
Secretariat – Alternative, sent a letter with the attached RFQ to fourteen (14)
prospective suppliers, namely: 1) Gakken Philippines, Inc.; 2) Joneco Tech
Marketing, Inc.; 3) Masangkay Computer Center; 4) Noryxelaby
Enterprises; 5) Copy Data Systems Corporation; 6) Pantronics International
Corp.; 7) Quartz Business Products Corporation; and 8) Sato Philippines
Auto ID SP, Inc.; 9) PhilCopy Corporation; 10) Epson Philippines
Corporation (EPC); 11) Benson Computers; 12) Canon Marketing
(Philippines); 13) Productivity Technologies Services, Inc.; and 14) D. De
Guzman Trading;
WHEREAS, on 29 September 2021, the ERC BAC – Alternative,

through its Secretariat – Alternative, received a sealed and signed quotation
from Noryxelaby Enterprises at thirty minutes past nine o’clock in the
morning (9:30 A.M.);
WHEREAS, on 30 September 2021, the ERC BAC – Alternative,

through its Secretariat – Alternative, received two (2) sealed and signed
quotations from: Quartz Business Products Corporation, at fifty-eight
minutes past ten o’clock in the morning (10:58 A.M.), and D. De Guzman
Trading, at twelve minutes past one o’clock in the afternoon (1:12 P.M.);
WHEREAS, on 01 October 2021, considering that there were already

three (3) quotations obtained pursuant to the aforementioned guidelines, the
ERC BAC (Alternative), with its Technical Working Group - Alternative (TWG
- Alternative) and Secretariat - Alternative, convened for the opening of the
said sealed and signed quotations;
(continued)
2. Procedure
xxx
b) Shopping under Section 52.1(b)
xxx
iv. The BAC shall send the RFQs to at least three (3) suppliers of known qualifications, and at least three
(3) price quotations must be obtained. This, notwithstanding, those who responded through any of the
required postings shall be allowed to participate.
Tel. No. (02) 8689-5372
WHEREAS, during the opening of the sealed quotations, the TWG

(Alternative) found Quartz Business Products Corporation and D. De
Guzman Trading compliant with the documentary requirements specified
in the RFQ, and, thereby, qualified to participate further in the procurement
process. On the other hand, Noryxelaby Enterprises was declared
ineligible for offering a bid more than the Approved Budget for the Contract
(ABC). Therefore, the supplier was not qualified to participate further in the
procurement process. Below is the summary of the results of the opening of
sealed quotations:
SUPPLIER DOCUMENTARY PRICE

REQUIREMENTS QUOTATION
(PhP)
Quartz Business Compliant PhP501,897.00
Products Corporation
D. De Guzman Trading Compliant PhP530,805.00
Noryxelaby Enterprises Non-Compliant PhP825,000.00
WHEREAS, after due evaluation, the ERC BAC - Alternative, with the
assistance of the TWG - Alternative, found Quartz Business Products
Corporation’s quotation in the amount of Five Hundred One
Thousand Eight Hundred Ninety-seven Pesos (PhP501,897.00),
inclusive of VAT and other government taxes, fees, and charges, to be within
the approved budget for the contract. Consequently, the ERC BAC -
Alternative directed the ERC BAC TWG (Alternative) to assist it in further
evaluating the quotation submitted by Quartz Business Products
Corporation as the Lowest Calculated Quotation (LCQ);
WHEREAS, on 05 October 2021, the ERC BAC - Alternative,

through its Secretariat - Alternative, sent the Notice of Disqualification to
Noryxelaby Enterprises.
WHEREAS, on 05 October 2021, the ERC BAC TWG - Alternative

submitted its Post-Qualification Evaluation Report through a Memorandum
dated 05 October 2021 finding that although Quartz Business Products
Tel. No. (02) 8689-5372
Corporation offered a lower bid than that offered by D. De Guzman Trading

and complied with the eligibility documents, the former failed to meet the
technical specifications of the End-User as specified in the RFQ. The ERB
BAC TWG – Alternative Post-Qualification Evaluation Report is hereunder
quoted, to wit:
Quartz Business Products Corporation’s offer on the delivery of

Ninety (90) calendar days upon receipt of Purchase Order (PO) is not compliant
to the required delivery period of seven (7) calendar days upon receipt of Notice
to Proceed (NTP), thus, the BAC-TWG finds it to be not responsive to the
requirement of the End-User.

through its Secretariat - Alternative, sent the Notice of Disqualification to
Quartz Business Products Corporation.

through its Secretariat – Alternative, received the Motion for
Reconsideration filed by Quartz Business Products Corporation which
stated the following explanations/justifications;
xxx With due respect to the BAC Committee, we would like to seek
reconsideration on the finding of Bids and Awards Committee on the
following justifications;
We are using our standard quotation template; hence we are not able to
edit the “60-90 days order basis wording “but we can assure the Agency
that we are able to comply the 7 CD Days Delivery Schedule. Again
hoping for your kind consideration on this matter
xxx
WHEREAS, considering that the filing of the Motion for

Reconsideration by Quartz Business Products Corporation is within
the reglementary period for filing a request for reconsideration of any
decision of the ERC BAC - Alternative, the same was submitted to the ERC
BAC - Alternative for evaluation.
Tel. No. (02) 8689-5372
WHEREAS, on 19 October 2021, during the Regular Bids and

Awards Committee - Alternative Meeting, the ERC BAC - Alternative, with
the assistance of its TWG - Alternative, found that despite the explanation
provided by the Quartz Business Products Corporation, acceding to
the plea of said bidder in its Motion For Reconsideration is tantamount to
accepting a change or improvement on the submitted offer that would violate
Section 26.1 of the 2016 Revised IRR of R.A. No. 9184, which provides that,
bids must be submitted complete on the date, time and place for
the submission of bids:
26.1 A bidder may modify its bid, provided that this is done before
the deadline for the submission and receipt of bids. For manual
submission and receipt of bids, where a bidder modifies its bid, it shall
not be allowed to retrieve its original bid, but shall only be allowed to
send another bid equally sealed, properly identified, linked to its
original bid and marked as a “modification,” thereof, and stamped
“received” by the BAC. Bid modifications received afterthe applicable
deadline shall not be considered and shall be returned to the bidder
unopened.
For online or electronic bid submission, where a bidder modifies

itsBid, it shall not be allowed to retrieve its original Bid, but shall only
be allowed to send another Bid equally secured and properly
identified. In the case of electronic submission, to be labelled as a
“modification,” of the one previously submitted. The time indicatedin
the latest Bid receipt page generated shall be the official time of
submission. Bids submitted after the deadline shall not be accepted.
(Remainder of page intentionally left blank)
Tel. No. (02) 8689-5372
RESOLVED, the ERC Bids and Awards Committee (Alternative),

hereby DENIES the Motion for Reconsideration filed by Quartz
Business Products Corporation to reconsider its disqualification from
the procurement of “Portable Mobile Printer.”
RESOLVED at the ERC Main Office, Pasig City, this 19th day of
October 2021.
SHARON O. MONTAÑER
BAC Chairperson (Alternative)
JUDITH L. MANGOSING
BAC Vice-Chairperson (Alternative)
(Took No Part)
CHERRY LYNN S. GONZALES AUGUST ANTHONY N. BALUTE
BAC Member (Alternative) BAC Member (Alternative)
(Took No Part)
JOEL Y. BONTUYAN
BAC Member (Alternative)
dmc/jjpr/eor/ebk - BAC Resolution No. 97 AM, Series of 2021
Tel. No. (02) 8689-5372

Republic of The Philippines Energy Regulatory Commission: Alternative Methods

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Republic of the Philippines

BAC RESOLUTION NO. 97 AM, 1 SERIES OF 2021

A Resolution Denying the Motion for Reconsideration

WHEREAS, Republic Act (R.A.) No. 9184, otherwise known as the

WHEREAS, on various dates the Energy Regulatory Commission Bids

WHEREAS, to support the said request, the aforementioned Services, likewise,

WHEREAS, the approved Annual Procurement Plan (APP) for Fiscal

WHEREAS, on 21 September 2021, the ERC BAC – Alternative

WHEREAS, pursuant to Item V-C 2b (iv), Annex “H” of the 2016

ARTICLE XVI: ALTERNATIVE METHODS OF PROCUREMENT

WHEREAS, on 29 September 2021, the ERC BAC – Alternative,

WHEREAS, on 30 September 2021, the ERC BAC – Alternative,

WHEREAS, on 01 October 2021, considering that there were already

b) Shopping under Section 52.1(b)

WHEREAS, during the opening of the sealed quotations, the TWG

SUPPLIER DOCUMENTARY PRICE

Noryxelaby Enterprises Non-Compliant PhP825,000.00

WHEREAS, on 05 October 2021, the ERC BAC - Alternative,

WHEREAS, on 05 October 2021, the ERC BAC TWG - Alternative

Corporation offered a lower bid than that offered by D. De Guzman Trading

Quartz Business Products Corporation’s offer on the delivery of

WHEREAS, on 12 October 2021, the ERC BAC - Alternative,

WHEREAS, on 15 October 2021, the ERC BAC - Alternative,

WHEREAS, considering that the filing of the Motion for

WHEREAS, on 19 October 2021, during the Regular Bids and

For online or electronic bid submission, where a bidder modifies

(Remainder of page intentionally left blank)

RESOLVED, the ERC Bids and Awards Committee (Alternative),

dmc/jjpr/eor/ebk - BAC Resolution No. 97 AM, Series of 2021

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