Republic of the Philippines

Department of Public Works and Highways

Office of the District Engineer
Pangasinan 3rd Engineering District
Tumana, Rosales, Pangasinan

THE BAC CHAIRMAN

Pangasinan 3rd Engineering District
Tumana, Rosales, Pangasinan

MOTION/REQUEST FOR
RECONSIDERATION II
Using Bid Securing Declaration as Bid
Security

I, Vincent John C. Rigor, Filipino, married and a

resident of La Loma, Manila, as authorized managing
officer of the High Strength Development Corporation
duly registered under the laws of the Philippines, do
depose and say; that:

1. On January 19, 2016 at 10:00 am DPWH

Pangasinan 3rd DEO, conducted a bidding held of
the Bac conference room for the project I.D. no.
15AI0430 and CONSTRUCTION/
MAINTENANCE OF FLOOD MITIGATION
STRUCTURES & DRAINAGE SYSTEM RIVER
IMPROVEMENT OF BUED RIVER COURSE AND
BANK PROTECTION WORKS OF SISON BRIDGE
APPROACH, BUED RIVER CONTROL PROJECT
AT BRGY. AGAT, SISON, PANGASINAN;

2. High Strength Development Corporation submitted

a sealed bid before the deadline of the closing time
to submit bids for the said project above; see
bidding logbook in the custody of BAC secretary;
3. High Strength Development Corporation
downloaded the complete bid documents from the
DPWH and Philgeps website and posted bid
document fee at the Tarlac 2nd Engineering
District, Concepcion, Tarlac, hereto attached

certified copy of official receipt, Annex A and

order of payment, Annex B;
4. During the bidding stage before the opening of
bids, High Strength Development Corporation was
declared to be eligible for the said project above
by virtue of online verification to the procurement
division at DPWH Central office;
5. During the bidding stage on the opening of bids for
the technical envelope submitted by the
corporation said above, it was evaluated and even
declared complete except for the bid security
submitted was in a form of BID SECURING
DECLARATION;
6. Upon seeing the BSD, the BAC chairman and all of
the members including observers, unilaterally
declared that the BSD was not the right form as
bid security for the said project above, see minutes
of the bidding in the custody of BAC Secretary;
7. Immediately, Sherwin S. Rigor, as President and
representative of the corporation requested for
recognition to have the floor, to reiterate that the
bid security form used was in accordance with R.A.

9184, Revised Implementing Rules and Regulations

of R.A. 9184, GPPB Resolution 03-2012, Appendix
24 Guidelines on the use of Bid Securing
Declaration and DPWH Department Order 18 series
of 2014 dated February 18, 2014, however, even
with that explanations and the basis of laws and
department orders, the BAC Chairman and all
members including observers, again for the second
time declared unilaterally the BSD used as bid
security is not the right form, the BAC made
justification by saying that the only form allowed
as bid security are these stated in the Bid Data
Sheet contained in the Bidding Document,
which was prepared and uploaded online by the
BAC for the said project above, hereto attached
photocopies of IRR of R.A. 9184, Annex C,
Appendix 24 of GPPB resolution 03-2012,Annex
D Department Order 18 series of 2014, Annex E;
8. In the Section II of Instruction to Bidder under Par.
C sub-par. 18.1 (e), contain in the bidding
documents prepared by the BAC of said office
above stating that Bid Securing Declaration is
one of the form of bid security to be used in the

said project above, however, in Section III of Bid

Data Sheet under Par. 18.1, that states the form of
bid security which does not include the Bid
Securing Declaration as one of the form of bid
security, that also contain in the bidding
documents, hereto attached photocopy of Sec. II,
Par. C, sub-par 18.1 (e), Annex F, photocopy of
Sec. III, Par. 18.1, Annex G;
9. At this juncture, there is a conflict of information
between Sec. II and Section III of the bidding
documents prepared ONLY by the BAC of
Pangasinan 3rd Engineering Office, as mandated
by law and regulations, Rule VI- Preparation of
Bidding Documents of Revised Implementing
Rules and Regulations of R.A. 9184, shall be
followed accordingly, specifically on Section 17.1
states that:
Sec. 17.1 The Bidding Documents shall be
prepared by the procuring entity following the
standard forms and manuals prescribed by the
GPPB. The bidding documents shall include the
following:
a)

b)
c)..
d)..
e)..
f)..
g)..
h)..
i)..
j).. Form, Amount, and Validity Period of Bid
Security; hereto attached photocopy Rule VI Sec.
17, Annex H;
10. It is clear and self-explanatory that the BAC shall
prepare the bidding documents in accordance to
R.A. 9184 because it is only being prepared by
following the prescribed forms, manuals and orders
of GPPB, therefore, a mere part of the bidding
document specifically one section which is
Section III. Bid Data Sheet cannot supersede the
whole bidding document, supersede the
Revised Implementing Rules and Regulation of R.A.
9184, supersede GPPB Resolution 03-2012,
supersede Appendix 24 Guidelines on the use of
Bid Securing Declaration and supersede DPWH
Department Order 18 series of 2014, there is no
basis of law and regulations that the Bid Data

Sheet will amend any law or department order,

this is a sweeping act committed by the BAC in the
issue of bid security using prescribed and
allowable forms to be used in any bidding process,
if this will be the case, then, all projects which
were already bidded and implemented for the past
few years with billions of pesos involved will be
invalidated and becomes non-compliant for their
submitted bid envelops using the bid security form
of Bid Securing Declaration; see attached Annex
C, D and E;
11. With the said argument above, High Strength
Development Corporation prays that the bid
envelope submitted for the project said above be
evaluated and opened, which will result to the
advantage of the government.
Other relief, just and remedies are also being
prayed for.
This day January 22, 2016.
Very Truly Yours
Vincent John C.
Rigor
Chai
rman/ AMO

Sherwin S. Rigor
President

Simultaneously filed to:

1. Hon. Florencio B. Abad
Chairman, GPPB
2. Atty. Dennis S. Santiago
Director, GPPB-TSO
3. Hon. Rogelio L. Singson
Secretary, DPWH
4. Hon. Dante Potante
DPWH, Procurement Division