...-.. ~T OF TAX APPEALS QUEZON CITY Office of the Presiding Justice

BIDS AND AWARDS COMMI

1st Indorsement November 4, 2019

ROMAN G. DEL ROSARIO

RECEtVEO Signature: NOV 8:tJ.,1A Date: ftL;, Time: //) r>~

Respectfully indorsing for approval by the Head of the Procuring Entity (HOPE), the HON. ROMAN G. DEL ROSARIO, Presiding Justice, the herein BACl Resolution No. 50-2019, dated October 29, 2019, wherein the BAC1 resolved as follows:

1. to adopt the recommendation of the TWG and declare the Bid of Data Images Plus Automation Phil. Inc. as non-responsive, thus, automatically disqualified, for failure to comply with the requirements of Section III Bid Data Sheet, ITB Clause 5.4 and Section VII Technical Specifications of the Bidding Documents pursuant to Section 32.2.1a, Rule IX of the 2016 Revised Implementing Rules and Regulations(RIRR) of R.A. 9184;

2. to declare a Failure of Bidding for Bid Project No. CTABAC1-2019-04, entitied "Rental of Photocopying Machines," pursuant to Section 35 of Republic Act (R.A.) No. 9184 as implemented by Section 35.1 (b), Rule X of the 2016 RIRR of R.A. 9184;

3. to recommend to the Head of the Procuring Entity (HoPE) a re-bidding of the procurement project for Rental of Photocopying Machines pursuant to Section 35.3 in relation to Section 21.2 of the 2016 RIRR of R. A. 9184.

ELSIE R. TI~ZON-FORTEZA Vice-Chairperson

~\t1 Presiding Justice \(

REPUBLIC OF THE PHILIPPINES

COURT OF TAX APPEALS QUEZON CITY

BIDS AND AWARDS COMMITTEE 1

RESOLUTION No. 50-2019

WHEREAS, the Bids and Awards Committee 1 (BAC 1) was created pursuant to Section 11, Article V of Republic Act No. 9184 (otherwise known as the "Government Procurement Reform Act"), as implemented by Section 11, Rule V of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184, reconstituted in accordance with Court of Tax Appeals Administrative Order No. 14-2019 dated July 10, 2019 and whose term of office was renewed to conduct public biddings and other procurement projects;

WHEREAS, on October 28, 2019, the BAC 1 conducted the Bid Opening for CTA Bid Project No. CTABAC1-2019-04, entitled "Rental of Photocopying Machines";

WHEREAS, only one bidder participated and submitted its bid, Data Images Plus Automation Phil. Inc., and after preliminary examination using the non-discretionary "pass/fail" criterion, the bid was found to have satisfactorily passed the Eligibility and Technical requirements;

WHEREAS, the financial bid of Data Images Plus Automation Phil. Inc. is Four Hundred Seventy Thousand Pesos (P 470,000.00) which is not in excess of the Approved Budget for the Contract (ABC). Finding that the bid submitted complies with the Eligibility, Technical and Financial requirements of the project, the BAC 1 resolved to submit the bid to a detailed Bid Evaluation;

WHEREAS, on October 29, 2019, the Technical Working Group (TWG) submitted a written report showing their detailed evaluation of the eligibility, technical and financial requirements of the lone bidder;

WHEREAS, based on the Evaluation Report of the TWG, it recommended that the Bid of Data Images Plus Automation Phil. Inc. be considered as non-responsive, because the bidder failed to submit a copy of Certificate of Final Acceptance or Officlal Receipts for the contract with the Commission of Audit for the supply of Rental of Photocopying Machines as required by Section III Bid Data Sheet, ITB Clause 5.4. In addition, the BAC 1 noted the bidder likewise failed to submit the manufacturer's un-amended sales literature or unconditional statements of specifications as stated in Section VII Technical Specifications of the Bidding Documents. In the same report,

the TWG recommended declaring Bid Project No. CTABAC1 -2019-04 entitled "Rental of Photocopying Machines" a Failure;

WHEREAS, Section 32.2.1a Rule IX of the 2016 Revised Implementing Rules and Regulations (RIRR) of R.A. 9184 states that: "the BAC shall immediately conduct a detailed evaluation of all bids using non-discretionary criteria in considering the following:

a) Completeness of the bid. Unless the Instructions to Bidders specifically allow partial bids, bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, bill of quantities, shall be considered non-responsive and, thus, automatically d isq ua I ified."

WHEREAS, pursuant to Section 35 of Republic Act (R.A.) No. 9184 as implemented by Section 35.1 (b), Rule X of the 2016 RIRR of R.A. 9184, the BAC shall declare the bidding a failure when all prospective bidders are declared ineligible;

NOW, THEREFORE, the members of the Bids and Awards Committee 1 hereby RESOLVE, as it is hereby resolved:

1. to adopt the recommendation of the TWG and declare the Bid of Data Images Plus Automation Phil. Inc. as non-responsive, thus, automatically disqualified, for failure to comply with the requirements of Section III Bid Data Sheet, ITB Clause 5.4 and Section VII Technical Specifications of the Bidding Documents pursuant to Section 32.2.1a, Rule IX of the 2016 Revised Implementing Rules and Regulations(RIRR) of R.A. 9184;

2. to declare a Failure of Bidding for Bid Project No. CTABAC1-2019-04, entitled "Rental of Photocopying Machines," pursuant to Section 35 of Republic Act (R.A.) No. 9184 as implemented by Section 35.1 (b), Rule X of the 2016 RIRR of R.A. 9184;

3. to recommend to the Head of the Procuring Entity (HoPE) a re-bidding of the procurement project for Rental of Photocopying

·Machines pursuant to Section 35.3 in relation to Section 21.2 of the 2016 RIRR of R. A. 9184.

IN WITNESS WHEREOF, the members of the Bids and Awards Committee 1 hereby affix their signatures this 29th day of October, 2019.

BAC 1 Resolution No. 50-2019 Page 2 of 3

~~ DANILO B. FERNANDO

Chairperson

(on leave) ELSIE R. TIAUZON-FORTEZA

Vice-Chairperson

APPROVED:

JESUS P. INOCANDO, JR. Regular Member

CLEMENTE

Presiding Justice

BAC 1 Resolution No. 50- 2019 Page 3 of 3