Republic of the PhilippinesENERGYREGULATORYCOMMISSION

A Resolution of the Energy Regulatory Commission Bids andAwards Committee Recommending to Award the Procurement of

Maintenance of Audiocodes Mediant (Digital) to ImaxTechnologies Inc.

WHEREAS, on March S, 2019, the Energy Regulatory CommissionBids and Awards Committee (ERC-BAC)received from Planning and PublicInformation Service-Management Information System Division (PPIS-MISD)Purchase Request No. 2019-03-0S8, requesting for the procurement of"Maintenance of Audiocodes Mediant (Digital)" with an Estimated Total Costof Two Hundred Five Thousand Pesos (PhP205,OOO.oo), VATInclusive;

WHEREAS, based on the document entitled "Supplemental Nos. 1 and2 and Update of the Original Annual Procurement Plan for FY 2019 as of osMarch 2019", which was approved by the Head of the Procuring Entity(HoPE) on even date, the service is programmed under the procurementproject "IP Telephony Support and Maintenance: Audiocodes Mediant(Digital) and AVAYA IP Office 300 (Analog)", which has an aggregateApproved Budget for the Contract (ABC) in the amount of ThreeHundred Fifty Thousand Pesos (PhP3S0,000.00) and the Alternative Methodof Procurement of Negotiated Procurement - Small Value Procurement as itsmode of procurement;

WHEREAS, on OS April 2019, the ERC-BAC posted Request forQuotation (RFQ) No. 2019-04-039 at the Philippine Government ElectronicProcurement System (PhilGEPS) website, at the ERCwebsite, and on bulletinboards within the ERCpremises specifically reserved for the purpose;

WHEREAS, in compliance with the Consolidated Guidelines for theAlternative Methods of Procurement (Annex "H'') of the 2016 RevisedImplementing Rules and Regulations (IRR) of Republic Act No. 9184, whichstates that "[tlhe BAC shall send the RFQs/RFPs to at least three (3) suppliersof known qualifications, and at least three (3) price quotations must beobtained. This, notwithstanding, those who responded through any of therequired postings shall be allowed to participate", the ERC-BACissued RFQsto seven (7) prospective bidders, namely: (1) Epartners Solutions Inc.; (2)Automation Specialists and Power Exponents (ASPEX Inc.); (3) PartexBusiness Solutions Inc.; (4) Imax Technologies Inc.; (S) Powercraft Solutionsand Data Infrastructure Inc.; (6) Innolution Corporation; and (7) FidemTechnologies; 1"

Pacific Center Building, San Miguel Avenue, Pasig City

Mailing Address: P.O. Box 18] Greenhills, Metro Manila

Trunk line 689-5-372 (ERe)

Fax Nos. 633-32-53 634-86-41 Website: httpJlwww.erc.govph

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A RESOLUTION OF THE ENERGY REGULATORY COMMISSION BIDS AND AWARDS COMMITTEE RECOMMENDING TO AWARD THE CONTRACT FOR THE PROCUREMENTOF AUDIOCODES MEDIANT (DIGITAL) TO IMAX TECHNOLOGY INC.

WHEREAS, on 26 April 2019, the ERC-BAC issued BAC ResolutionNo. 33, Series of 2019 AM, declaring the first (1st) bidding for the"Procurement for the Maintenance of Audiocodes Mediant(Digital)" as failure due to non-submission of bids;

WHEREAS, on 11 May 2019, the ERC-BAC posted a second (2nd)Request for Quotation (RFQ) No. 2019-04-039 at the PhilGEPS website, atthe ERC website, and on bulletin boards within the ERC premises specificallyreserved for the purpose;

WHEREAS, on 05 May 2019, the ERC-BAC issued BAC Resolution No.48, Series of 2019 AM, declaring the second (2nd) bidding for the"Procurement for the Maintenance of Audiocodes Mediant(Digital)" as failure as no bids were received;

WHEREAS, on 24 May 2019, the ERC-BAC posted a third (3rd)Request for Quotation (RFQ) No. 2019-05-049 at the PhilGEPS website, atthe ERC website, and on bulletin boards within the ERC premises specificallyreserved for the purpose;

WHEREAS, on 07 June 2019, the ERC-BAC issued BAC ResolutionNo. 57, Series of 2019 AM, declaring the third (3rd) bidding for the"Procurement for the Maintenance of Audiocodes Mediant(Digital)" as failure as the lone bidder was unable to pass and comply withthe eligibility documents specified in the RfQ;

WHEREAS, on 19 July 2019, the ERC-BAC posted a fourth (4th)Request for Quotation (RFQ) No. 2019-07-064 at the PhilGEPS website, atthe ERC website, and on bulletin boards within the ERC premises specificallyreserved for the purpose;

WHEREAS, in response to the RFQs issued, only one (1) bidder, ImaxTechnologies Inc. timely submitted its sealed bid/quotation on 23 July 2019;

WHEREAS, on 24 July 2019, the ERC-BAC, together with the BACTechnical Working Group (TWG) and BAC Secretariat, convened for theopening of bids submitted for the "Procurement for the Maintenance ofAudiocodes Mediant (Digital}";

WHEREAS, during the bid opening, the TWG found that the lonebidder passed and complied with the eligibility documents specified in theRFQ;

Pacific Center Building, San Miguel Avenue, Pasig CityMailing Address: P.O. Box 181 Greenhills, Metro ManilaWebsite: http://www.ercgov.ph

Trunk line: 689-5-372 (ERC)Fax Nos. 633-32-53 0 634-86-41

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A RESOLUTION OF THE ENERGY REGULA TORY COMMISSION BIDS AND A WARDS COMMITTEE RECOMMENDING TO A WARD THE CONTRACT FOR THE PROCUREMENTOF AUDIOCODES MEDIANT (DIGITAL) TO IMAX TECHNOLOGY INe.

WHEREAS, the result of the bid opening are as follows:

Eligibilitv Documents Imax Technologies Inc.Mavor's Permit ./

./

PhilGEPS Registration (Platinum Membership)Barangay Certification ./

Income/Business Tax Return ./

Omnibus Sworn Statement ./

(Notarized)Financial Bid Proposal PhP205,000.00

WHEREAS, after due evaluation, the ERC-BAC found that the bid ofImax Technologies Inc. in the amount of Two Hundred Five ThousandPesos (PhP205,000.00) VAT inclusive, which is equal to the ABC ofTwo Hundred Five Thousand Pesos (PhP205,000.00), and wasdeclared as having the Single Calculated Bid (SCB). Consequently, the ERC-BAC directed the TWG to conduct a post -qualification on the ImaxTechnologies Inc., being the Single Calculated Bid;

WHEREAS, on 25 July 2019, the TWG submitted its Post-QualificationEvaluation Report (the "Report"), finding Imax Technologies Inc. compliantwith the requirements of the subject procurement project; thereby making itsbid the Single Calculated Responsive Bid;

WHEREAS, the ERC-BAC reviewed the Report and concurred with theTWG's findings;

WHEREAS, considering that there are only four (4) months remainingfor the current year, the contract period and contract price should be adjustedin accordance with existing laws, rules and regulation;

WHEREAS, the adjusted contract period will be from 01 September2019 to 31 December 2019 and the adjusted contract price is Sixty EightThousand Three Hundred Thirty Three Pesos and 33/100(PhP68,333.33), VATInclusive;

NOW, THEREFORE, We the Members of the Bids and AwardsCommittee (BAC), hereby RESOLVE to recommend to the Head of theProcuring Entity, through its duly authorized signatory, ERCChairperson and CEO AGNES VST DEVANADERA,to AWARD theContract for the "Procurement for the Maintenance of AudiocodesMediant (Digital)" to Imax Technologies Inc., in the adjusted amountof Sixty Eight Thousand Three Hundred Thirty Three Pesos and33/100, VATinclusive, covering the four (4) month period starting from 01September 2019 to 31 December 2019.

Pacific Center Building, San Miguel Avenue, Pasig CityMailing Address: P.O.Box 181Greenhills, Metro ManilaWebsite: http://wwwercgov.ph

Trunk line: 689-5-372 (ERC)Fax Nos. 633-32-53 0 634-86-41

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A RESOLUTION OF THE ENERGY REGULATORY COMMISSION BIDS AND AWARDS COMMITTEE RECOMMENDING TO AWARD THE CONTRACT FOR THE PROCUREMENTOF AUDIOCODES MEDIANT (DIGITAL) TO IMAX TECHNOLOGY INe.

RESOLVED at the ERC Main Office, Pasig City, tjUL 3 0 6g~of_________ 2019.

~ ~/1L,MARIA CO ON C. GINES

Chairperson

JUDITH z:bANGOSINGVice-~h~;person

c~LEGARIO L. GALANG, JR.Member

MARINAA. CRUZ-BUGAYONGMember

BASILIA . ANGELESMe ber

Alternate Member:

( -

TJYN~CALATA

FORAND BYAUTHORITY OF THE COMMISSION:

»>AGNES VST E ANADERA

Chairp r on and CEO ~~

Il1'Approved on: ItI f1.~ .Lotio Disapproved on: __ ~ _Reason: 0 GPRA-IRR, §41.a. Prima facie collusion

o GPRA-IRR, §41.b. Failure to follow prescribed bidding procedureso GPRA-IRR, §41.c. Contract award will not benefit ERC

o §41.c. (i) project no longer physically and economically feasibleo §41.c. (ii) project no longer necessaryo §41.c. (iii) project fund has been withheld or reduced

*AVSTD·2019·07 ·220·0016*

~LSG_BAC Resolution No. _, Series of 2019 AM

Pacific Center Building, San Miguel Avenue, Pasig CityMailing Address! P.O. Box181Greenhills, Metro ManilaWebsite: http://www.erc.gov ph

Trunk line: 689-5-372 (ERC)Fax Nos. 633-32-530634-86-41