Another
disenfranchised supplier filed a protest at the Bids and Awards Committee (BAC)
and the Sangguniang Panlalawigan (SP) yesterday in connection with the questioned
P168-million bidding for the purcahse of brand new fleet of heavy equipment.
In
the face of denials by BAC chair Engr. Rosalinda Yu and a finding by Provincial
Legal Officer Atty. Handel Lagunay that there is no basis on allegations of a
rigged bidding, Cebu-based Pasajero Motors Corp. (Pamocor) complained it was wrongly
disqualified in the bidding.
This
despite having submitted the lowest calculated bid for the supply of 10 units
of dump-trucks with an approved budget of the contract (ABC) of P40,800,000 among
three declared eligible bidders.
Last
February 18, Yu informed Pamocor through a letter that its bid failed the post
qualification process on the ground that the submitted "experience of relevant/similar
projects do not conform with a value of at least 50-percent of the ABC" which
is P20,400,000.
In
its letter to the BAC, Pamocor noted that in the Invitation to Apply for Eligibility
and to Bid (IAEB) that appeared in at least three publications, it was cited that
"Prospective bidders should have experienced in undertaking a similar project
within the last 5 years with an amount of at least 50-percent of the proposed
project for bidding."
| | | According
to Pamocor, the bid documents issued and the recent letter of the BAC notifying
Pamocor of its failure to pass the post qualification process "uniformly
used the phrase 'experienced in undertaking a similar project'".
The
supplier added that there was no instance that the term "largest single contract"
was mentioned in the said communications.
With
the absence of such specification, Pamocor argued that this indicates the "unqualified
intention of the BAC to entertain and admit aggregate similar contracts costing
at least 50-percent of the ABC", and not only of a largest single contract. |
Pamocor
said what was published and made known to the public should be observed and followed,
or else, the intention of achieving transparency in the public bidding will be
defeated.
Pamocor
claims it has submitted a list of similar projects it had previously undertaken
costing more than the required 50-percent of the ABC.
The
supplier likewise informed the BAC of an amendment on the rule issued by the Government
Procurement Policy Board (GPPB) which states that when a failure of bidding has
resulted because no single bidder has complied with the said requirement, or imposing
the same will likely result to a monopoly that will defeat the purpose of public
bidding, the procuring entity may qualify a prospective bidder that has qualified
at least three similar contracts, with the aggregate contract amounting to at
least 50-percent of the ABC.
During
the post qualification of bids, the BAC concluded that three items out of the
8 heavy equipment bid out failed. This included the bidding for 2 units of
backhoe/hydraulic excavator with breaker with an ABC of P16,236,000; 2 units of
bulldozers with ripper with an ABC of P36,372,000; and 10 units of dumptrucks
with an ABC of P40,800,000.
The
BAC also revealed that four suppliers already passed on the four items bidded
out.
The
qualifying bidders include JVF Commercial (Quezon City) to supply 4 units of brand
new articulated motor road grader with an approved budget for contract (ABC) of
P34,000,000; Civic Merchandising (Mandaue City) to supply 4 units of brand new
road roller/vibratory compactor with an approved budget of P14,432,000; Isuzu
Cebu Inc. (Mandaue City) to supply a brand new 6-wheeler water truck with pump
with an approved budget of P4,720,000; and RDAK Transport Equipment (Cebu City)
to supply a brand new 6-wheeler fuel tanker with pump.
The
BAC will conduct "further post qualification" proceeding on the tendered
bid of JVF Commercial to supply 2 units of brand new payloader with an ABC of
P17,136,000 in order to conduct "technical inspection and testing" of
Holland, the firm's offered brand.
According
to Pamocor, the rule's amendment should be observed by the BAC and award the supply
for 10 dump trucks to them.
OTHER
LAPSES
Lawyer
Salvador Grupo, who represents protesting Japanese heavy equipment dealer Kowa
Tsusho Ltd., said Capitol's denial of a rigged bidding based on findings by Atty.
Lagunay is "just a mere scrap of paper" as this was meant for review
of the governor.
According
to Grupo, the BAC's admission that two suppliers obtained bid documents while
Kowa Tsusho did not, only heightened suspicions that there were indeed favored
contractors.
He
said the presence during the bidding process representatives of the Commission
on Audit, a non-government organization and the Bohol Chamber of Commerce and
Industry was also not observed by the BAC.
In
a letter to Board Member Bienvenido Molina, Grupo urged the SP to "take appropriate
action, including a formal investigation" into the proceedings of the heavy
equipment bidding.
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