“P168-M bid above board”

By Kit Bagaipo
First posted in The Bohol Chronicle

There is “no irregularity or substantial error” in the P168-million bidding for the purchase of a fleet of brand new heavy equipment of the provincial government.

This was the finding of the review panel led by Vice Gov. Julius Caesar Herrera looking into the bidding controversy, the biggest single purchase of the province in recent years.

The result of the bid review did not come as a surprise as anti-graft watchdog Boholanos Against Corruption and Social Harassment (Bacos) already cast doubts on the integrity of the review committee which was formed by Gov. Erico Aumentado.

Two other Capitol officials, provincial legal officer Atty. Handel Lagunay and Bids and Awards Committee (BAC) chair Engr. Rosalinda Yu, also strongly held confidence that the bidding was “procedurally and legally above-board”.

In an interview with the Chronicle yesterday, Herrera said the review team “meticulously reviewed the procedures outlined under RA 9184 (the Government Procurement Law) and its Implementing Rules and Regulations (IRR) vis-à-vis the bidding process undertaken by the BAC.”

The finding was already submitted to the governor who will decide on whether to proceed with the award of the contract to qualified suppliers.

The BAC is still in the process of post-qualifying bids for 2 units of backhoe/hydraulic excavators with breakers; 2 units of bulldozers with ripper; 2 units payloaders; 10 units of 6-wheeler dump trucks; 4 units motor road grader; 4 units road roller/vibratory compactor; 1 unit 6-wheeler water truck with pump; and a 6-wheeler fuel tanker with pump.

On the question raised by protesting Japanese heavy equipment supplier Kowa Tsusho Ltd. that the Invitation to Apply for Eligibility and to Bid (IAEB) did not observe the required advertisement, the review committee said the BAC is not required that the advertisement should be in a newspaper with the widest distribution and readership.

The review panel considers Sun Star Daily with national distribution for general readership, which is already a sufficient compliance with law, since the newspaper is circulated not only in Cebu but also in Metro Manila and Davao City.

According to the committee, the advertisement was likewise posted in three conspicuous places and the provincial government’s website www.bohol.gov.ph.

As far as the availability of bid documents the committee found that it was already presented on the first day of advertisement.

“The BAC was prepared to issue the bid documents should any prospective buyer desire to purchase it at the rate prescribed under Provincial Ordinance No. 2004-21” the finding stated.

An investigation with the BAC revealed that it was only on January 23, 2009, after the pre-bid conference, that two suppliers purchased the bid documents.

The submission of bids, the receipt and opening of eligibility and bid envelopes up to the post-qualification stage all complied with the procedures mandated in the procurement law.

The review committee said it cannot act on the protest filed by Kowa Tsusho and the appeal for reconsideration of Pasajero Motors Corporation since the panel’s task is only to review the bidding process and find out if it conformed to the procedure provided under the procurement law.

The review committee, composed of Herrera, provincial administrator Tomas Abapo Jr., Atty. Mitchell John Boiser and internal audit service head Jerome Maniwang, affirmed an earlier finding of provincial attorney Lagunay.

However, a separate inquiry and monitoring is being conducted by the Commission on Audit (COA) on the bidding. The Sangguniang Panlalawigan committee on public accountability headed by Board Member Asther Piollo is also conducting its own probe.