Intramuros, Manila, Philippines 1OO2

(,FFICE OF THE BrDS AND AWARDS COMMITTEE)

BAC RESOLUTION NO. 85-2010

(Supply and Delivery of 1,815,0O0 Pieces of Ballot Secrecy Folder for the 2010 National and Local Elections (BAC-M-REF#2OO9-023)

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Comelec Minute Resolution No. 10-0251 approving the design presented by Executive Director Jose M. Tolentino, Jr. for the procurement of the Ballot Secrecy Folder for the May 10, 2010 National and Local Elections;
WHEREAS, on 27 February 2010, OTC PAPER SUPPLY submitted to the Bids and Awards Committee (BAC) its proposal to supply the above-subject procurement with attachment of its Improved File Folder whose technical specifications are very much in unison with the design approved by the Honorable Commission En Banc as well as its attachment of the certification issued by the Intellectual Property Office certifying that it had a pending patent application on the aforesaid Improved File Folder;

WHEREAS, on 17 February 2010, the Honorable Commission En Banc issued

WHEREAS, Section 48.1 in relation to Section 53.2 of the R.evised Implementing Rules and Regulations of Republic Act No. 9184, provides that in emergency cases, where immediate action is necessary to restore vital public services, the procuring entity may resort to alternative methods of procurement;

WI'IEREAS, Section 50 of the Revised Implementing Rules and of Republic Act No. 9184 provides that alternative mode of direct contracting isf,tg J '-(J --" applicable in case of procurement involving goods of proprietary nature which caH -M be obtained only from a proprietary source, i.e., when patents, trade secrets, un =E Ef copyrights prohibit others from manufacturing the same item, and when th% 5 F procurement of critical plant components from a specific supplier is a conditiorf;"p 3 precedent to hold a contractor to guarantee its project performance, in accordancE$ with the ;rrovisions of its Wl{EREAS, , r'eligibility

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after a careful evaluation of the proposal and the accompanying documents, ds well as its application for copyright, the BAC finds that only OT0 PAPER SUPPLY can supply and deliver the necessary ballot secrecy folder for the May 10,201-0 National and Local Elections by virtue of its claim of copyright over the design of the ballot secrecy folder;
WHEREFORE, in view of the foregoing, the BAC hereby recommends to the Honorable Commission En Banc to award the contract for the Supply and Delivery of the l-,815,000 pieces of Ballot Secrecy Folders for the ivlay 10, 2010 i{ationai and Local Elections at the rate of P380.00 per piece to OTC PAPER SUPPLY;
A.PPROVED and SIGNED by the u nd ers its Memberg this 5tn day of March 2OIO, in the Cit

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rman, Vice-Chairman and

ilippines.

ALLEN

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MARIA NORINA
ANTON

(Vice-

B. ABAYA )

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