REPUBLIC OF THE PHILIPPINES
COURT OF TAX APPEALS
QUEZON CITY
Bids and Awards Committee 1 (BAC 1)
MINUTES
(February 24, 2022)
(1:00PM)
PRESENT:
Chairperson Atty. Danilo B. Fernando
Vice-Chairperson Dir. Elsie R. Tiauzon-Forteza
Regular Member Atty. Jesus P. Inocando, Jr.
Provisional Members Atty. Clifford P. Torralba
Atty. Ma. Victoria P. Dural
Mr. Vicente G. Clemente
Secretariat-Head Atty. Maria Johoanna F. Chan-Te
Secretariat-Members Ms. Maria Lourdes M. Mayor
Mr. Joerizal D. Maglunog
Mr. Frederick L. Salamat
Ms. Jeniffer Ebuen-Vergel
Technical Working Group Engr. Leopolda P. Pablo II
Atty. Reychelle C. Manzano
Mr. Adrian P. Concepcion
Engr. John C. Reyno
Ms. Mary Ann V. Miralles
Observer from COA Ms. Jayzel Nohara
Observer from ECOP Atty. Robert Francis Maronilla
Representatives from
D'Triumph Cleaning Services Marion Maala
Anchor Human Resources Gregorio Mania and Pia Ebara
CBII Phils Alejandro Delluta
Executive Genesis Jun Sanchez and Joey Faelnar
Services, Inc.
EJCM Manpower Services Marcelina Mata
First County Manpower Margarita Villena
Services
One Mert Global Janitorial Mae Mara
Services, Inc.
Ultimate Care Rochelle Osnan
CALL TO ORDER
Atty. Danilo B. Fernando, Chairperson of the Bids and Awards
Committee 1 called the meeting to order at 1:00 p.m.
AGENDA
Pre-Bid Conference for Bid Project No. CTA BACl-2022-01,
"Procurement of Janitorial Services in the CTA Compound for Three (3)
Years"
DISCUSSION
The Chairperson informed the Committee that invitations were
sent to the following: 1) Mr. Crisanto S. Frianeza, Secretary General-
Philippine Chamber of Commerce and Industry; 2) Ms. Diana G. Oldan,
State Auditor IV-COA, CTA and Mr.Jose Roland Maya, Employers
Confederation of the Philippines as observers for the procurement
project.
The representative of the prospective bidders and the observers
joined the Pre-Bid Conference for Bid Project No. CTA BAC1-2022-01,
"Procurement of Janitorial Services in the CTA Compound for Three (3)
Years" through videoconferencing via Zoom.
The presence of Ms. Jayzel Nohara, representative from COA and
Atty. Robert Francis Maronilla, representative from Employers
Confederation of the Philippines (ECOP) as observers were
acknowledged by the Chairperson during the Pre-Bid Conference.
The following representatives from prospective bidders also
attended the Pre-Bid Conference, as follows:
1) D'Triumph Cleaning Services Marion Maala
2) Anchor Human Resources Gregorio Mania and
Pia Ebara
3) CBII Phils Alejandro Delluta
4) Executive Genesis Services, Inc. Jun Sanchez and
Joey Faelnar
5) EJCM Manpower Services Marcelina Mata
6) First CountyManpower Services Margarita Villena
7) One Mert Global Janitorial Ser Mae Mara
Inc.
8) Ultimate Care Rochelle Osnan
The Chairperson informed all prospective bidders that all
questions may be raised orally during the Pre-Bid Conference but after
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the Pre-Bid Conference all questions/ clarifications must be in writing
and submitted at least ten (10) days before the deadline set for
submission of bids.
The Chairperson then introduced Dir. Elsie R. Tiauzon-Forteza,
Vice-Chairperson, to discuss the details of the procurement project.
The Vice-Chairperson presented the details of the bidding and
reminded all prospective bidders that the bid submission is scheduled
on March 8, 2022 at 12:00 n.n. at the CTA Building I Lobby. Bid
Opening is scheduled on the same day at 1:00 p.m. at 5th Floor Multi-
Purpose Hall CTA Building II.
The Vice-Chairperson also discussed the two-envelope system:
Contents of the 1st envelope (Eligibility Documents and Technical
Components) and 2nd envelope (Financial Documents), the sealing and
marking of bids and the requirement of submission of two copies of
bids: one (1) original and one (1) duplicate copy. The duplicate copy
can either be marked as "DUPLICATE" or "COPY 1". She reminded the
prospective bidders to double and/or triple check the correctness and
completeness of their submittals, signatures, compliance, checkmarks,
attachments, format of envelop, etc. before submitting their Bid.
The prospective bidders were also reminded that there will be a
manual submission of bids and the actual opening of bids will also be
done manually. During the bid opening, prospective bidders have the
option to be physically present at the CTA to witness activity or to join
the bid opening via videoconferencing through Zoom or Microsoft
Teams.
After the presentation and discussion of the details of the bidding
for the "Procurement of Janitorial Services in the CTA Compound for
Three (3) Years", the Chairperson gave the prospective bidders
opportunity to ask questions and clarifications.
Ms. Marion Maala from D'Triumph Cleaning Services asked
questions/ clarifications on the following matters, to wit:
1) Requirements in Section VII. Checklist of Technical and
Financial Documents particularly the submission of the
following documents:
Legal Documents
a) Valid PhiiGEPS Registration Certificate (Platinum
Membership) (all pages);
Technical Documents
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b) Statement of the prospective Bidder of all its ongoing
government and private contracts, including contracts
awarded but not yet started, if any, whether similar or
not similar in nature and complexity to the contract to
be bid;
2) In Financial Bid Form particularly the details in the CTA cost
breakdown, page 46 of the bidding documents, the number of
working days to be used in the computation of the basic pay of
the janitors;
3) In the Financial Bid Form particularly the details in the CTA
cost breakdown, page 46 of the bidding documents, Ms. Maala
requested the inclusion of five (5) days service incentive leave
in the computation of benefits of the janitors;
4) In the Financial Bid Form particularly the details in the CTA
cost breakdown, page 46 of the bidding documents, the
PhiiHealth rate used in the computation of PhiiHealth benefits
of the janitors as mandated by law;
5) The application of Section 11 b. ii. of DOLE Department Order
No. 174 Series of 2017 in the procurement project on the
standard administrative fee of not less than ten percent (10°/o)
of the total contract cost to be charged by the Service
Provider;
6) In the Financial Bid Form particularly the details in the CTA
cost breakdown, page 46 of the bidding documents, Ms. Maala
requested that Item B (Profit Margin) and C (Miscellaneous) of
the Operating Cost be deleted;
7) Whether a prospective bidder is allowed to give a discount.
The Committee and the TWG answered all questions and clarifications
asked by Ms. Maala, as follows:
1) During the bid submission, bidders are only required to submit
a Valid PhiiGEPS Registration Certificate (Platinum
Membership) (all pages) for the Legal Document; however,
during the post-qualification the winning bidder is required to
submit all the documents mentioned in the Bid Data Sheet
(BDS) ITB Clause 20 of the bidding documents;
2) For purposes of bid submission, the Committee resolved that
submission of a Statement of the prospective Bidder of all its
ongoing government and private contracts, including contracts
awarded but not yet started, if any, whether similar or not
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similar in nature and complexity to the contract to be bid is
sufficient. There is no need to attach the contracts and/or
Notice of Award, however for purposes of verification the
Committee may require submission of these documents during
the post-qualification;
3) The TWG clarified that in the computation of the basic pay of
janitors in the CTA cost breakdown it used 313 days.
4) The Committee noted the request of Ms. Maala to include in
the CTA cost breakdown a five (5) days service incentive leave
for the benefit of the janitors.
5) According to the TWG the rate they used in the computation of
PhiiHealth benefit is 4°/o in accordance with the 2022
PhiiHealth rate schedule.
The application of Section 11 b. ii. of DOLE Department Order No.
174 Series of 2017 in the procurement project vis-a-vis the issuance
of Government Procurement and Policy Board (GPPB) Resolution No.
14-2015 dated April 30, 2015, were discussed.
According to Ms. Maala, Service Providers are required to offer a
standard administrative fee of not less than ten percent ( 10°/o) of the
total contract cost pursuant to Section 11 b.ii. of DOLE Department
Order No. 174 Series of 2017. Ms. Maala then asked the Committee if
for instance a bidder will bid below 10°/o of the total contract cost for
the administrative fee, will that bidder be automatically disqualified.
According to Mr. Gregoria Mania, representative from Anchor
Human Resources, there is an existing GPPB issuance allowing bidders
to bid below 10°/o of the total contract cost for the administrative fee.
The Committee asked for the opinion of other prospective
bidders. Mr. Jun Sanchez of Executive Genesis, Mr. Alejandro Delluta
of CBII Phils, Ms. Marcelina Mata of EJCM Manpower, Ms. Margarita
Villena of First Country Manpower Services and Ms. Mae Mora of One
Mert Global Janitorial Services, Inc. all agreed with the opinion of Ms.
Maala that bidders who will bid below 10 °/o of the total contract cost
as administrative fee will be automatically disqualified in the bidding.
The Committee voted on the issue and four (4) Committee
members are in favor of applying Section 11 b.ii. of DOLE Department
Order No. 174 Series of 2017 in the procurement project and to set
the minimum administrative fee to not less than ten percent (10°/o) of
the total contract cost. The Committee further resolved that
prospective bidders who will submit a bid containing an administrative
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fee of less than ten percent (10°/o) of the total contract cost shall be
automatically disqualified in the bidding.
In view of the recommendation of the TWG, the Committee
unanimously resolved to retain Item b. Profit Margin and c.
Miscellaneous of the Operating Cost and instructed the bidders to put a
dash (-) or zero (0) in the said portion of the computation, if not
applicable.
The Committee also answered the question on discount. Per Non-
Policy Opinion of the GPPB, R.A. 9184 and its revised IRR, including its
associated issuances, the offering of discounts to bid offers is allowed.
The offer of discount however, must be submitted and included as part
of the bid proposal, and not made or offered as a mere afterthought or
after the bids are opened.
The Committee likewise resolved that giving of a discount which
Bid price will fall below the minimum administrative fee of not less
than ten percent (10°/o) of the total contract cost will not be allowed
since the said discount is in effect a circumvention of the provision of
Section 11 b.ii. of DOLE Department Order No. 174 Series of 2017. For
purposes of this bidding, the Committee resolved that giving of
discount by prospective bidders is not allowed.
The Committee also resolved that a Supplemental Bid Bulletin
will be issued to clarify or modify the provision of the bidding
documents not later than seven (7) calendar days before the deadline
for submission and receipts of Bids. The Supplemental Bid Bulletin
shall be posted in the PhiiGEPS website, CTA website and bulletin
boards and at any conspicuous place in the CTA premises in
accordance with Section 22.5 of the 2016 Revised Implementing Rules
and Regulations of R.A. 9184. The Chairperson reminded the
prospective bidders that it shall be the responsibility of all bidders who
secure the bidding documents to inquire and secure Supplemental Bid
Bulletins that will be issued by the Committee.
ADJOURMENT
There being no other matters to discuss, Atty. Danilo B.
Fernando, Chairperson, adjourned the meeting at 3:00 P.M. in the
afternoon.
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MINUTES READ AND APPROVED
c/13~
DANILO B. FERNANDO
Chairperson
ELSIE R. Tla:ON-FORTEZA
r/
JESUS P. INOCANDO, JR.
Vice-Chairperson Regular Member
CLIFF~~RALBA
Provisional Member
MA. VICT~ P. DURAL
Provisional Member
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