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Motion For Reconsideration BID

Bithuel F. Sabado files a motion for reconsideration after being disqualified as the highest bidder in an auction for two vehicles. He argues that the bid requirements were ambiguous but that he paid the 10% bid security amount specified in the invitation, which was 10% of the floor price rather than 10% of the total bid. He further notes that the vehicles were awarded to another bidder for a lower amount, disadvantaging the government. Sabado requests that the decision be rectified and the vehicles be awarded to him as the highest bidder to remedy the unfair and punishable actions of the committee.

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6K views

Motion For Reconsideration BID

Bithuel F. Sabado files a motion for reconsideration after being disqualified as the highest bidder in an auction for two vehicles. He argues that the bid requirements were ambiguous but that he paid the 10% bid security amount specified in the invitation, which was 10% of the floor price rather than 10% of the total bid. He further notes that the vehicles were awarded to another bidder for a lower amount, disadvantaging the government. Sabado requests that the decision be rectified and the vehicles be awarded to him as the highest bidder to remedy the unfair and punishable actions of the committee.

Uploaded by

John Mark Paracad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

CENTER FOR HEALTH DEVELOPMENT


WASTE AND DISPOSAL MANAGEMENT COMMITTEE
Cagayan Valley Region II

RE: DISQUALIFICATION OF BITHUEL F.


SABADO AND OTHER BIDDERS FROM THE
AUCTION SALE OF UNSERVICEABLE
PROPERTIES ON JANUARY 25, 2022 FOR 1
UNIT DOUBLE CAB TOYOTA HI-LUX 4X4 WITH
PALTE NUMBER SDN 709 AND 1 UNIT OF
TOYOTA HILUX 4X4 WITH PLATE NO. SDP 447

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

MOTION FOR RECONSIDERATION

I, BITHUEL F. SABADO, of legal age, married, Filipino and a resident of


Barangay Buntun, Tuguegarao City, Cagayan, after having been duly sworn to in
accordance with law, do hereby depose and state that:

1. I am one of the bidders that participated in the auction sale of


unserviceable properties- 1 Unit double cab Toyota Hilux 4x4 with Plate
No. SDN 709 and 1 Unit of Toyota Hilux 4x4 with Plate No. SDP 447 with
FLOOR PRICE OF ONE HUNDRED FORTY THOUSAND PESOS (P140,
000.00) Philippine Currency, through “public bidding” on January 25,
2022 at DOH-CVCHD Conference Hall, Tuguegarao City, Cagayan;

2. Despite being the highest bidder during the said auction after having bid
the amount of TWO HUNDRED FIFTY THOUSAND PESOS (P250,
000.00) Philippine Currency, I was surprised when the subject auctioned
properties were not awarded in my favor because the Auction/Disposal
Committee (BAC) made an afterthought decision of disqualifying me
including other two (2) bidders for allegedly having failed to provide the
correct amount required as bid security. According to the committee,
the bid security should be equivalent to 10% of the total bid;

1
3. However, perusal of the Invitation to Bid, it was clearly stated that all
bids must be accompanied by a bid security which is “EQUIVALENT TO
TEN PERCENT (10%) OF THE FLOOR PRICE” in the form of cash,
manager’s check or cashier’s check. In this case, the 10% of the floor price
for the two unserviceable vehicles is Fourteen Thousand Pesos (P14,
000.00) Philippine Currency which I and other bidders individually paid
through cash;

4. Prior to bidding, I and my fellow bidders inquired as to what should be the


real basis of the 10% bid security considering that there is ambiguity
between the Invitation to Bid and the Terms and Conditions provided to
us. In the Invitation to Bid, it clearly provides that the bid security is
“EQUIVALENT TO TEN PERCENT (10%) OF THE FLOOR PRICE”,
while Item No. 11 of the Terms and Conditions attached to the invitation
provides:

“x x x
The sealed bid envelope shall contain the following:
a. BID SECURITY EQUIVALENT to 10% of the total bid in the form of
cash, manager’s check or cashier’s check
x x x”

5. The Secretariat clarified to us that the one indicated in the


Invitation to Bid (10% of the floor price) shall prevail as bid
security. Hence, I and other 2 bidders were led to believe, and
paid 10% of the floor price;

6. The decision of the committee is unfair and capricious violating my right as


well as other bidder’s right to due process. It would appear that we
were set-up to be disqualified. First, we were given ambiguous and
conflicting documents (Invitation to Bid versus Terms and Conditions of
the Auction Sale). Second, when we sought for clarification, we were
instructed that the one indicated in the Invitation to Bid will prevail as bid
security which we faithfully complied with. At any rate, the Invitation
to Bid, for all intents and purposes must really prevail because it
served as a notice to the public and the committee is bound by it;

2
7. What is unforgivable in this case is the fact that the committee awarded the
unserviceable vehicles to NEIL BRYAN AGLUGUB for the amount only of
ONE HUNDRED EIGHTY THOUSAND PESOS (P180, 000.00) Philippine
Currency compared to my bid amount of P250, 000.00. On this score
alone, the government was put into a disadvantageous position
as it was made to lose P70, 000.00 for not awarding the bid to
my favor as the winning bidder;

8. Worst, the committee made mockery of the auction/bidding


process when they allowed and awarded the properties to NEIL
BRYAN AGLUGUB- their very own accountant in the DOH
Region. Is this not a clear bastardization of the law on
procurement and law on the code of conduct and ethical
standards of government employees? In fact, he is not the only
employee holding key position in DOH that was allowed to bid but they
also allowed another department head in the agency to participate, running
afoul with the principle of conflict of interest, the Anti-graft and Corrupt
Practices Act, and the law on Civil Service;

9. In view of the foregoing, I am seeking reconsideration of my


disqualification and award the properties in my favor.

The copies of the Invitation to Bid, Terms and Conditions of the


Auction Sale and my Bid Proposal are hereto attached for your
reference.

PRAYER
WHEREFORE, premises considered, it is respectfully prayed before the
committee to give due course to this motion for reconsideration by rectifying the
unforgivable and punishable wanton acts committed, and by AWARDING IN MY
FAVOR the said properties BEING THE WINNING HIGHEST BIDDER.

BITHUEL F. SABADO
Affiant-Movant

3
VERIFICATION

          I, BITHUEL F. SABADO, of legal age, married, Filipino and a resident of


Barangay Buntun, Tuguegarao City, Cagayan, after having been duly sworn to in
accordance with law, do hereby depose and state that:
                    
1. I am the affiant-movant in the above-captioned case;
2. The allegations in the motion for reconsideration are true and correct based on my
personal knowledge, or based on authentic documents;

IN WITNESS WHEREOF, I have hereunto set my hand this 27 th day of January 2022 at
Tuguegarao city, Cagayan.

BITHUEL F. SABADO
Affiant
ID _____________ issued by ___________

SUBSCRIBED AND SWORN to before me 27th day of January 2022 at Tuguegarao


city, Cagayan.. Affiant, personally appeared and exhibited to me his above government-
issued identification card as competent proof of her identity.
                                                                           
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2022.

cc:

Department of Health Regional Director


DOH Regional Office No. 2
Carig, Tuguegarao City, Cagayan

Commission on Audit Regional Director


COA Regional Office No. 2
Carig, Tuguegarao City, Cagayan

Commission on Civil Service


CSC Regional Office No. 2
4
Carig, Tuguegarao City, Cagayan

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