Republic of the Philippines

BULACAN STATE UNIVERSITY

City of Malolos, Bulacan

BAC Resolution No. _________

RECOMMENDING TO AWARD THE CONTRACT FOR THE COMPLETION OF

THE RENOVATION OF THE OFFICE OF THE REGISTRAR AND ARCHIVES TO
THE SECOND LOWEST CALCULATED BIDDER

WHEREAS, Bulacan State University (University) posted Invitations to Apply

for Eligibility and to Bid for the Proposed Renovation of the Registrars Office and
H.A. BAUTISTA

Archives with an Approved Budget for the Contract of Php4,535,361.53 in conspicuous

R.R. ROBLES
places within the premises of the University;

WHEREAS, the University likewise posted the Invitation to Apply for Eligibility
and to Bid in the Philippine Government Electronic Procurement System website;

WHEREAS, five (5) interested contractors/bidders purchased bid documents for

the renovation project;

WHEREAS, on 4 May 2014, two (2) contractors/bidders were declared eligible

by the Bids and Awards Committee for Infrastructure (Committee), namely: K2JRL
Industrial Sales & Services Co. (K2JRL) and MDEC Corporation (MDEC);

WHEREAS, in BAC Resolution 2015-67 (Infra) dated 20 May 2015, the

Committee resolved to declare K2JRL as the bidder with the lowest calculated and
W.C. ALCANTARA

E.G. CUSTODIO
responsive bid for the proposed renovation project;

WHEREAS, the University and K2JRL entered into a contract on 24 June 2015 for
the Proposed Renovation of the Registrars Office and Archives. Item 6 of the Contract
provides that K2JRL Industrial Sales & Services Co. binds itself to complete the
renovation project within 120 calendar days;

WHEREAS, K2JRL failed to complete the renovation project within the specified
period of time and despite several extensions of time granted by the University
President, K2JRL still failed to complete the project;

WHEREAS, on 24 February, the University and K2JRL mutually agreed to

terminate the contract;

WHEREAS, Item No. 3(a) of Annex H of the Revised IRR provides for the
instances when take-over of contracts may be resorted by procuring entities:
L.M. LIZARDO

R.R. GASPAR

3. TAKE-OVER OF CONTRACTS

a) Instances when Take-over of contracts may be resorted to:

i. The contract, previously awarded through Competitive

Bidding, has been rescinded or terminated for causes
provided for in the contract and existing laws; and

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 ii. Where immediate action is necessary:

a) to prevent damage to or loss of life or property, or

b) to restore vital public services, infrastructure facilities and

other public utilities.

WHEREAS, the procedure for the take-over of contracts as provided in Item No.
3(b) of Annex H of the Revised IRR is as follows:
H.A. BAUTISTA

R.R. ROBLES
a) Procedure

i. The BAC shall post-qualify and negotiate with the second

lowest calculated/highest rated bidder for the project under
consideration at the said bidders own original bid price,
applicable to the remaining works to be done. Authority to
negotiate contracts for projects under the foregoing exceptional
cases shall be subject to prior approval by the head of the
procuring entity concerned, within their respective limits of
approving authority.

ii. If negotiation fails, then the BAC shall post-qualify and

negotiate with the next lowest calculated/highest rated bidder
at the said bidders own original bid price.
W.C. ALCANTARA

E.G. CUSTODIO
iii. If the negotiation fails another time, the process is repeated until
all the bidders from the previous bidding have been considered.

iv. If the negotiation fails and there is no bidder left from the
previous bidding or if the original awardee is a Single
Calculated Responsive Bidder/Single Rated Responsive Bidder,
the BAC may either invite at least three (3)
suppliers/contractors/consultants to submit their bids, or resort
to any other appropriate alternative method of procurement.

v. In case of successful post-qualification and negotiation, the BAC

shall recommend to the head of the procuring entity the award
of contract with the said supplier, contractor or consultant.
Award of contract shall be made in accordance with Section
IV(L) of this Guidelines.
L.M. LIZARDO

R.R. GASPAR

WHEREAS, On 26 April 2017, the Chairperson of the BAC requested, being the
second lowest calculated responsive bidder, to take-over the renovation project with a
contract price of Php2,126,130.01;

WHEREAS, MDEC signified its conformity to the request on 5 May 2017.

Thereafter, a meeting between the University President and representatives of MDEC
was held on 11 May 2017 to discuss the terms and conditions of the take-over of the
contract;
WHEREAS, on 12 May 2017, the Technical Working Group (TWG)of the BAC
conducted Post-Qualification Process for this project and after careful examination,
validation, and verification of all the eligibility, technical and financial documents

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submitted by MDEC Corporation, the TWG found it to be responsive to all
requirements under the terms of reference;

NOW, THEREFORE, We, the Members of the Bids and Awards Committee for
Infrastructure, hereby RESOLVE, as it is hereby RESOLVED to:

1. PROCURE the services for the Proposed Renovation of the Registrars Office
and Archives, under Purchase Request No. ________ dated _________ in
accordance with Section 53.3 of the Revised IRR of RA 9184;

2. DECLARE MDEC Corporation as _________; and

3. RECOMMEND the foregoing to the University President for her approval.

IN WITNESS WHEREOF, We have hereunto affix our signatures, this

______________, herat Bulacan State University, City of Malolos, Bulacan.

LEILANI M. LIZARDO
End-User

WILLIAM C. ALCANTARA HERMOGENA A. BAUTISTA

Member Member

Engr. ROMEO R. ROBLES Dr. EVANGELINA G. CUSTODIO

Member Vice-Chairperson

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Dr. ROLANDO R. GASPAR
Chairperson

Approved:

Dr. CECILIA N. GASCON

University President