Capitol should recognize SM’s unsolicited bid – lawmaker

July 4, 2011
Third District Representative Albee Benitez said the Provincial Government should recognize SM Prime Holdings’ unsolicited bid for the six-hectare provincial property.
Benitez said SM did not participate in the public bidding held by the Provincial Bids and Awards Committee last June 24 because they have already submitted their unsolicited bid, which he said is allowed under Republic Act 7760 or the Government Procurement Act.
During the said bidding, only Ayala Land submitted its bid, prompting the bid committee to declare a failure of bidding.
Benitez, who is a close family friend of the Sy Family of SM Prime, accompanied the company’s president, Hans Sy, when Sy presented to Governor Alfredo Maranon Jr. their development plan for the Capitol’s property located at the back of the Provincial Capitol Building.

The company has laid down its plan for a P2.5 billion investment on Capitol’s property, which includes a convention center with a seating capacity of 3,500, two 200 hotels with a capacity of 200 rooms each and shopping centers.
Sy brought his technical, financial and legal team during the meeting with Marañon and Benitez to show his group’s seriousness regarding the project.
Sy said construction could begin within six months from the signing of an agreement.
Sy said the hotel in Bacolod would be part of the SM chain of hotels in the country, which already includes hotels in Cebu, Tagaytay and Davao.
“I think SM will look at all other options on how to enforce their position of having an unsolicited bidding,” Benitez said.
According to Benitez, under the Procurement Law, there are two types of public bidding. One is where everybody joins a scheduled bidding where there is a term of reference, there is prequalification and there is a pre-bidding conference.

The other form is unsolicited proposal like what SM did that it has submitted to Capitol. If there are other parties interested on the subject property offered, they would give their bid. The first party who sends the first proposal has the right to match any subsequent bids.
Benitez also added that it would be up for SM to decide.
“What they want is to affirm the unsolicited bid and that they are not joining the public bidding because they have already made the unsolicited bid,” Benitez added.
Source: http://www.sunstar.com.ph/bacolod/local-news/2011/07/04/capitol-should-recognize-sms-unsolicited-bid-lawmaker-164852

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Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
Clark Freeport Zone, Pampanga, Philippines 2023

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