STRUCTURAL RETROFITTING OF THE NATIONAL LIBRARY OF THE PHILIPPINES (NLP) BUILDING
Deadline of Submission: Monday, June 23, 2014
RESOLUTION RECOMMENDING THE CONTINUATION OF THE STRUCTURAL RETROFITTING OF THE NATIONAL LIBRARY OF THE PHILIPPINES (NLP) BUILDING THROUGH NEGOTIATED PROCUREMENT
WHEREAS, the Department of Budget and Management had granted the National Library of the Philippines (NLP) a Multi-year Obligational Authority (MYOA) for the Structural Retrofitting of the NLP Building Including the Restoration of its Affected Areas in the total amount of Three Hundred Seventy Six Million Three Hundred Forty Thousand Pesos (PhP376,340,000.00) covering the period 2014-2018 with the condition that the actual obligations to be incurred in any given fiscal year shall in no case exceed the allotment released for the said fiscal year. The MYOA is attached as Annex “A.”
WHEREAS, one of the components of the MYOA is the Structural Retrofitting Works with the amount of Seventy Eight Million Pesos and Nine Hundred Twenty Four Thousand Pesos (PhP78,924,000.00). Attached as Annex “B”
WHEREAS, the GLOBAL-V BUILDERS CO., with office address at 4546 Quintos St., Brgy. Poblacion, Makati City, was awarded the Structural Retrofitting of the NLP Building Phase I after competitive bidding. Additional works on Phase I was negotiated with GLOBAL-V BUILDERS CO. and was considered Phase II, based on the plans prepared by the Consultant, Angel Lazaro & Associates International. This plan is attached as Annex “C.”
WHEREAS, on February 18, 2014 Mr. Bienvenido R. Masangkay, Project Coordinator-NLPAssigned Building Administrator, Engr. Edgardo C. Garces OIC-Engineer V, DPWH, BOC-CSSD and Ms. Rhonda Rapirap, Structural Engineer of Angel Lazaro & Associates International, recommended that the contract for the continuation of retrofitting be awarded through negotiated procurement to GLOBAL-V BUILDERS CO. for the following reasons:
- The completion of the project is urgent and immediate action is necessary.
- To take advantage of the good weather condition.
Attached as Annex “D”
WHEREAS, on March 31, 2014, Engr. Edgardo C. Garces, Project Manager, Bureau of Constructions, DPWH, Ms. Rhonda Divina A. Rapirap, Project Consultant on Design of Angel Lazaro and Associates International Inc. and Mr. Bienvenido R. Masangkay, Assigned Building Administrator, Project Coordinator reiterated their recommendation to proceed with the procurement of the Structural Retrofitting through Negotiated Procurement for the following reasons:
- The unit cost of all similar items in the original contract, which derived from the prices of construction materials way back in 2012, will be used in the preparation of Approved Budget for the Contract (ABC), thereby generating cost in favor of the Government.
- The cost of mobilization will be excluded in the cost estimates, as the equipment and manpower of the contractor to be utilized for the project are already available at the project site; and
- The contract is similar and adjacent or contiguous to the ongoing infrastructure project where the Contractor has a unique experience to deliver the required service.
- the Project is an emergency and time is of the essence. Negotiated procurement is allowed after natural or man-made calamities or other cases where immediate action is necessary to prevent damage to or loss of life or property;
- there will be a single point of responsibility with respect to Warranty pursuant to Section 62.2.3 of the Revised IRR of RA 9184;
- The early completion of the project is assured as the long process of public bidding will be eliminated.
Also, the Phase II Contract for the Structural Retrofitting of National Library Building presently undertaken by Global-V Builders Co., is already substantially completed and ahead of schedule (+) 10.32 % as of March 22, 2014 based on the Project Status Report prepared by Daniel A. Pablico, OIC-Engineer IV, DPWH, BOC-CSSD, noted by Engr. Edgardo C. Garces, OIC-CSSD.
Attached as Annex “E” & “F”
WHEREAS, based on the findings submitted by the consultant Angel Lazaro & Associates International, the NLP building has a very weak structure. These findings are attached as Annex “G.”
WHEREAS, series of meetings were held on March 18, 31 and April 4, 2014 to consider a Competitive Bidding for the Retrofitting and Repair/Restoration of Ground Floor to Tenth Floor of the NLP Building, including the Architectural, Engineering and Auxiliary components. The Attendance Sheets and Minutes of these meetings are attached as Annexes “H-1” to “H-3.”
WHEREAS, Section 53, Rule XVI of the Revised IRR of R.A. No. 9184 authorizes the procuring entity to resort to negotiated procurement, which is defined as a method of procurement of goods, infrastructure projects, and consulting services whereby the procuring entity directly negotiates a contract with a technically, legally, and financially capable supplier, contractor, or consultant, in any of the enumerated cases such as emergency cases i.e. where there is an imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities (Section 53.2).
WHEREFORE, considering the early completion of the structural retrofitting project in relation to the stated reasons of TWG to go on negotiated, the Technical Working Group, Project Coordinators and NLP-BAC resolves, as it hereby resolved, to recommend to the HOPE that NLP resort to Negotiated Procurement as an alternative method of procurement under Section 53.2 of Republic Act No. 9184 and its Revised Implementing Rules and Regulations for the Continuation of Structural Retrofitting of the NLP Building, this May 27, 2014.
Recommending Approval:
TECHNICAL WORKING GROUP
(Signed)
EDGARDO C. GARCES
OIC-Engineer V
DPWH, BOC-CSSD
(Signed)
RHONDA RAPIRAP
Structural Engineer
Angel Lazaro & Associates International
(Signed)
RENAN E. RAMOS
Assistant Solicitor General
Legal Consultant
NLP-PROJECT COORDINATORS
(Signed)
BIENVENIDO R. MASANGKAY
NLP Consultant
Assigned Building Administrator
(Signed)
FE B. BASAGRE
Chief Administrative Officer
Finance and Administrative Division
NLP-BIDS AND AWARDS COMMITTEE
(Signed)
DOLORES D. CARUNGUI
Chairperson
(Signed)
ELIZABETH V. AREVALO
Member
MAUREEN C. TERRENAL
Member
(Signed)
SUSAN J. FETALCO
Member
(Signed)
NONILA J. YAUDER
Member
NLP-TECHNICAL WORKING GROUP
(Signed)
LEONARDO P. BERNABE, JR.
Chairperson
(Signed)
EDNA I. CERVO
Member
(Signed)
ARLENE M. DE CASTRO
Member
Approved:
(Signed)
ANTONIO M. SANTOS
Director
Head, Procurity Entity
Contractor: Global-V Builders, Co.
Contract Amount: 77,500,000.000
Notice of Award: June 26, 2014
Contract number: OBR No. CO-14-07-0454
Notice to Proceed: July 18, 2014
Contract Date: July 15, 2014