“P168M heavy equipment bidding a failure”

By Kit Bagaipo

Condemning the latest scandal befalling the provincial government’s P168-million bidding of a brand new fleet of heavy equipment, Board Member Cesar Tomas Lopez yesterday said the Bids and Awards Committee (BAC) “failed to comply” with key provisions of the procurement law.
Rising on a privileged speech during yesterday’s session of the Sangguniang Panlalawigan (SP), the lawmaker stressed the provincial government is “again put in a bad light due to the fact that the manner by which goods [are purchased] cannot face up to public scrutiny”.
“Every transaction by the government, may it be P168 or P168-million, must pass public scrutiny and the probing eye of the Boholano,” Lopez said.
Waving a copy of the Chronicle which bannered the alleged bid rigging last Sunday, Lopez said he is “shamed” by insinuations of corruption at the Capitol.
Lopez is the only member of the provincial board who is not a member of the Lakas-CMD-Kampi slate of Gov. Erico Aumentado and Vice Gov. Julius Caesar Herrera.
According to Lopez, the bidding process conducted by the BAC practically indicated in the technical specifications of the equipment to be purchased “the description of preferred brands”.
The board member said he likewise received text messages insulting the Capitol officialdom while others pointed out that the provincial government may save money if the BAC adheres to appropriate bidding procedures.
“I do not question the wisdom of rehabilitating our dilapidating provincial road network [as] I recognize the need to modernize our fleet of equipment,” Lopez said.
He urged his fellow lawmakers to act, whether the accusations against the BAC are unfounded or not, to make sure that its transactions are always “beyond reproach”.
According to Lopez, a personal evaluation of the documents involving the heavy equipment bidding, he came up with the observation that the BAC failed to comply with Section 17.5 of Rule IV of the implementing rules and regulations (IRR) of RA 9184, the Government Procurement Law.
This provision requires the BAC to “give ample time” to prospective bidders to examine bidding documents and to prepare their respective bids.
The law’s provision states that in order to provide ample time, “the BAC shall promptly issue the bidding documents for the contract at the time the Invitation to Apply for Eligibility and to Bid (IAEB) is first advertised”.
Lopez presented documents pertaining to the bidding as he noted some irregular points that were also raised by the complaining supplier Kowa Tsusho Ltd, a Japanese heavy equipment dealer.
Kowa Tsusho has formally filed its protests with the BAC, chaired by General Services Officer Engr. Rosalinda Yu, and asked for a re-bidding even as the the bids committee is still on the post bid conference stage.
The Japanese firm alleged that they were disenfranchised from the multi-million bidding as the procurement process “gave undue advantage to preferred suppliers”.
Kowa Tsusho failed to beat the deadline set by the BAC as they were not given enough time to comply with “voluminous requirements”.
The provincial government will purchase an all brand new fleet of heavy equipment that includes 2 units of backhoe/hydraulic excavators with breakers; 2 units of bulldozers with ripper; 2 units of payloaders; 10 units of 6-wheeler dump trucks; 4 units motor road grader; 4 units of road roller/vibratory compactor; 1 unit 6-wheeler water truck with pump; and a 6-wheeler fuel tanker with pump.
These heavy equipment has an overall approved budget contract (ABC) of P168,296,000, as indicated in the IAEB.
In an interview with the Chronicle yesterday, Kowa Tsusho legal counsel Atty. Salvador Grupo said they will file appropriate charges in court as they have exhausted administrative remedies in trying to settle the issues with the BAC.

BAC TO RE-CONVENE

The BAC is on the post qualification stage after opening the bids last week.
According to Engr. Yu, she will still re-convene the committee this week as previous scheduled meetings did not push through due to conflicting schedules among members.
Yu had categorically denied the accusations of the Japanese heavy equipment supplier that the bidding was rigged and favored particular suppliers.
She also said that the BAC followed the maximum period of 30 days in bidding out the heavy equipment purchase.