Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
RESOLUTION No. 0009-2015
WHEREAS, the
DPWH-National Capital Region
advertised the
Invitation
to Bid for the REPAIR/STRENGTHENING OF MARCOS
BRIDGE ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID #
14O00029) in the Manila Times issue of December 12, 2014 and in the
Department of Public Works and Highways website, the G-EPS on
December 10 to 17, 2014 and in a conspicuous places at the premises of the
Department of Public Works and Highways -NCR continuously for 7 days;
WHEREAS, in response to the said advertisements, TWO (2)
contractors purchased Bid Tender Documents, namely:
J.H. PAJARA
CONSTRUCTION CORPORATION and J.D. LEGASPI CONSTRUCTION, and
all were found eligible based on the eligibility screening using the CWR made
by this office on December 29, 2015;
WHEREAS, two (2) bids were submitted on December 29, 2015
that resulted in the following:
Bid Amount
% Variance
Name of Bidder
(As Read)
from ABC
1. J.D. LEGASPI CONST.
P62,509,801.00
(-)20.02%
2. J.H. PAJARA CONST.
P71,577,760.95
(-)8.41%
CORP.
WHEREAS, the detailed evaluation of bids conducted by the BAC-TWG
on January 12, 2015 resulted in the following:
Name of Bidder
1. J.D. LEGASPI CONST.
2. J.H. PAJARA CONST.
CORP.
Bid Amount
(As Corrected/
Calculated/Evaluated)
P62,509,801.00
P71,577,760.95
Page 1 of 7
%
Variance
from ABC
(-)20.02%
(-)8.41%
Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
WHEREAS, the Approved Budget for the Contract (ABC) for this project is
SEVENTY EIGHT MILLION ONE HUNDRED FIFTY FOUR THOUSAND
THREE HUNDRED FIFTY FIVE PESOS AND 03/100 (Php 78,154,355.03)
ONLY;
WHEREAS, J.D. LEGASPI CONSTRUCTION was evaluated as the
lowest calculated bidder in the Arithmetical Correction/Evaluation amount of
P62,509,801.00 with a 20.02% variance below ABC and will proceed with the
post qualification;
WHEREAS, based on post qualification report of all the eligibility and
technical requirements of J.D. LEGASPI CONSTRUCTION as the lowest
calculated bidder was submitted by the BAC-Technical Working Group (BACTWG) on May 12, 2015 to determine the contractor’s compliance (particularly
for equipment and manpower) and responsiveness to all requirements and
conditions as specified in the bid documents, its bid has been found to be
responsive;
WHEREAS, based on the DPWH Consolidated Performance Summary
Reports from the Bureau of Construction, J.D. LEGASPI CONSTRUCTION has
no unsatisfactory rating on their completed projects.
WHEREAS, per Physical Status of Project Implementation of DPWH
Region V Implemented Projects as of January 31, 2015, J.D. LEGASPI
CONSTRUCTION has incurred negative slippages of more than 15% on the
following projects:
1. Quiamlong Bridge along Catanduanes Cir. Rd. (0504-14-H-00015), being
implemented by the Catanduanes District Engineering Office
Negative slippage - 33.10%
Reasons
- Work was suspended last January 1-4, 2015,
due to continuous heavy rains and January 1620, 2015 Typhoon Amang
Action of IO
- Revised target accomplishment is 42%
Request
for
Revision
of
Planned
Implementation Schedule in the Project
Page 2 of 7
Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
Monitoring System (PMS) sent through the
Region V dated September 26, 2014
In a letter dated February 20, 2015 of Engr.
Romeo O. Doloiras, District Engineer, DPWH
Catanduanes District Engineering Office, it
was informed that per record of their office,
the aforementioned project incurred a
negative slippage of 13.60% as of January 31,
2015.
2. Cabungahan 2 Bridge along Catanduanes Cir Road (0504-14-H-00016),
being implemented by the Catanduanes District Engineering Office
Negative slippage - 16.24%
Reasons
- Work was suspended last January 16-20,
2015, due to Typhoon Amang
Action of IO
- Revised target accomplishment is 97%
Request
for
Revision
of
Planned
Implementation Schedule in the Project
Monitoring System (PMS) sent through the
Region V dated September 26, 2014
In a letter dated February 20, 2015 of Engr.
Romeo O. Doloiras, District Engineer, DPWH
Catanduanes District Engineering Office, it
was informed that per record of their office,
the aforementioned project incurred a
negative slippage of 13.24% as of January
31, 2015.
WHEREAS, in a letter dated February 5, 2015 of Asst. Regional Director
EDGAR B. TABACON, DPWH Region VIII, J.D. LEGASPI CONSTRUCTION
incurred a negative slippage of more than 15% on the following project:
1. Construction of Pinut-an Bridge and Approaches, Southern Leyte
Negative slippage - 56.67%
Reasons
- Project is suspended due to RROW problems
Page 3 of 7
Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
Action of IO
- Documents for payment of RROW damages
are still on process. Request for contract time
suspension for RROW problems is still on
process.
If approved, the negative slippage will be
eliminated.
WHEREAS, the Construction of Lower Pigkutin Bridge and Approaches
under the Spanish-assisted DPWH Bridge Construction/Replacement Project is
currently under contract with J.D. LEGASPI CONSTRUCTION.
a. On February 17, 2014, a Request for Clearance to issue a
Deductive Variation Order which seeks to delete the remaining
works for the project.
Reasons
Action of IO
- due to inaccessibility of the road leading to
the project site brought about by heavy rains
and typhoon Agaton.
- Clearance was approved by Secretary Rogelio
L. Singson. However, up to date, No Deductive
Variation Order has been issued despite the
Secretary’s approval.
b. Subsequently, on November 24, 2014, DPWH-Region X, through its
Regional Director Evelyn T. Barroso, recommended that the
contract package (CP: CP4.1- construction of Bangcud Bridge and
Approaches, and CP4.2 - construction of Lower Pigkutin Bridge and
Approaches), be terminated.
Reason
- failure of the contractor to complete the
project despite additional time granted to the
contractor and the same has incurred a
negative slippage of 55.77% for the
construction
of
Bangcud
Bridge
and
Approaches.
Action of IO
- in the March 11, 2015 memorandum of Dir.
Estrella Zaldivar, the Legal Service, this
Page 4 of 7
Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
Department, noted that the Notice to
Terminate
is
non-compliant
with
the
requirements of RA 9184. Thereafter, in
another memorandum dated April 30, 2015,
the Legal Service directed Regional Director
Evelyn T. Barroso to re-submit the Notice to
Terminate Contract with the required verified
report. To date, no Notice to Terminate was
issued by this Department and received by the
contractor.
Moreover, in a letter dated February 20, 2015,
Mr. Jesusito D. Legaspi requested for a mutual
termination of the said contract considering
the fact that half of the project may no longer
be implemented. Thus, such circumstances
has rendered the project implementation to be
economically, financially, and technically
impractical. Said request, however, remains to
be unresolved as of to date.
Then, in a Memorandum dated May 8, 2015,
Project Director Estrella T. Villar, UPMO
Bridges Management Cluster (UPMO-BMC),
informed this Office that in view of the
Memorandum dated March 11, 2015 of the
Legal Service, UPMO-BMC shall have to
further review/validate the Verified Report to
be submitted by the Regional Office and the
provisions of the IRR of RA 9184 have to be
complied in establishing their position.
Remarks
- the non-issuance of the said Deductive
Variation Order has significantly contributed to
the increase of the negative slippage even in
the absence of fault on the part of the
Page 5 of 7
Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
contractor especially so when no suspension
order was issued in the process.
In light of the mentioned circumstances, the
actual accomplishment or any corresponding
negative slippage entirely attributable to the
contractor, if any, cannot be determined yet
with finality. Hence, there exist no
substantiated basis with respect to the
disputed issue of negative slippage and
actual performance of J.D. Legaspi
Construction with respect to the mentioned
contract package.
WHEREAS, J.D. LEGASPI CONSTRUCTION passed all the criteria in
the post qualification and has been found to be responsive;
NOW, THEREFORE, We, the Members of the Bids and Awards
Committee, hereby RESOLVE as it is hereby RESOLVED;
a)
To declare J.D. LEGASPI CONSTRUCTION as the bidder with
the
Lowest
Calculated
Responsive
Bid
for
the
REPAIR/STRENGTHENING OF MARCOS BRIDGE ALONG
MARCOS HIGHWAY, MARIKINA CITY (Contract ID #
14O00029) in the amount of SIXTY TWO MILLION FIVE
HUNDRED NINE THOUSAND EIGHT HUNDRED ONE PESOS
(P62,509,801.00) ONLY.
b)
To recommend the award of contract for the aforementioned
project by the Bids and Awards Committee (BAC), Dept. of
Public Works and Highways-National Capital Region to J.D.
LEGASPI CONSTRUCTION subject to the approval by the
Regional Director of the foregoing findings.
Page 6 of 7
Resolution Recommending Award of Contract to J.D. LEGASPI
CONSTRUCTION for the REPAIR/STRENGTHENING OF MARCOS BRIDGE
ALONG MARCOS HIGHWAY, MARIKINA CITY (Contract ID # 14O00029)
RESOLVED, at the DPWH-National Capital Region-Conference Room, this
13th day of May 2015.
TIBURCIO L. CANLAS
OIC, Assistant Regional Director
Chairman
MICHAEL S. VILLAFRANCA
Administrative Officer V
Vice Chairman
REYNALDO V. ROSARIO
Chief, Maintenance Division
Regular Member
AUDENCIO B. REYES
Chief, QAHD
Provisional Member
EDWIN M. LUZON
OIC, Construction Division
Provisional Member
APPROVED, this 15th
Philippines.
day of
May, 2015 in the City of Manila,
REYNALDO G. TAGUDANDO
Regional Director
6.1.4.7
Page 7 of 7