Author Topic: Panglao Airport in Scandal?  (Read 1485 times)

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Panglao Airport in Scandal?
« on: February 23, 2010, 06:01:17 PM »
Midnight contract for Bohol airport
By Neal Cruz
Philippine Daily Inquirer
First Posted 23:19:00 02/21/2010

Filed Under: Contracts, Eleksyon 2010, Inquirer Politics

Other Most Read StoriesxClose thisWITH the elections only three months away, the laws already prohibit “midnight contracts.” The election also prohibits the start of new government infrastructure projects at this time, so close to the elections. The reasons are obvious: to prevent the award of contracts to friends of the outgoing administration in “aid of election.” Violation of this ban carries penalties of imprisonment and hefty fines.
Yet here is the outgoing administration of President Gloria Macapagal-Arroyo about to award a P1.52-billion (that’s billion) contract for the Panglao-Bohol Airport Development Project.
Not only that, the contract is about to be awarded not to the lowest bidder but to one of the highest bidders. Some people in this outgoing administration may be providing for their future, when they would be out of cushy government jobs.
Here is the story: For the first phase of the airport project (construction involving site grading and drainage works) the Prequalification, Bids, and Awards Committee (PBAC) invited bidders as the law provides. Eighteen bidders showed interest. Seven withdrew later, two did not show up. There were four non-complying bidders and five complying bidders. Of the latter five, First United (FUCC) had the lowest bid of P948, 106, 320.
The others had the following bids: Equiparco, P1,277.087,411.67; Sunwest, P1,498,888,888.00; Policarpio, P1,505,421,190.22; and Lao, P1, 512, 283, 791.15. The government estimate of the cost is P1, 523, 399, 203.00. Except for FUCC, which bidded less than P1billion, the four other bidders clustered tightly together near the government estimate.
This is abnormal and suspicious, according to veteran contractors. In a truly competitive bidding, they said, the bidders usually distance themselves from the government estimate. Yet here, four of the five bidders clustered around the estimate. “This is glaring evidence of rigging,” they said. The contract would be awarded to the highest bidder of these four.
Early on, a group of bidders, claiming the blessings of top government officials, approached the other bidders and “tried to pressure them to conspire with them and together rig the bidding. The project, they said, was “meant to raise funds for the coming elections.”
Rebuffed, the group prevailed on the PBAC to postpone the bidding, from Jan. 25 to Feb. 5 and then from Feb. 5 to Feb. 11, although there were no compelling reasons for the postponements.
During the bidding, the favored bidder submitted the highest bid. So how would it get the award when the law says the contract should be awarded to the lowest bidder?
No problem. A way would be found, “by hook or by crook,” to disqualify the other bidders on some technicality, they said. On the other hand, the deficiencies of the favored bidder would be overlooked. Never mind if the government stands to lose more than half-a-billion pesos. The group stands to benefit by that much.
The lowest bidder complained to this column not because he wants the contract to be awarded to him but because the laws already prohibit the awarding of contracts at this time, with the elections so near, and the administration due to step down in three months. “Midnight contract” na ’yan,” he said.
That is correct. Any government contract awarded now would be, like midnight appointments, null and void and those who participated in it will face stiff penal sanctions. Wait until after the elections and the new administration takes over.


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Re: Panglao Airport in Scandal?
« Reply #1 on: February 24, 2010, 06:10:00 AM »

We can always cook up as many speculation as we can now that it is election time.

But when a project has been pushed for bidding since last year and it's only at this time when the bidding schedule is implemented, I cannot agree with Mr. Neal Cruz in calling it a "midnight deal." A midnight deal is one that just comes out from nowhere. The Panglao Airport project has been planned and replanned since twenty years ago.

We have to qualify, and not generalize, when implementation of projects should be prohibited during the election period, or close to it. Situations like this are governed by law. The ban on projects are covered by specific timeframes. When the project has been ongoing, it can continue even after the start of the ban (March 26,2010). When the projected is awarded before the ban, it can also continue even during the election period. Life-saving projects and those which are intended to prevent loss of life or damage to property can even be implemented during the election period when the COMELEC approves it.

On the matter of the bid amount of the bidders, there are two ways of looking at it. Either the bid is too high (under R.A. 9184, the only requirements is that the bid should not exceed the appoved budget of the contract), or it is too low that the estimate is not sufficient to complete the project according to its program of work.

In our common and usual human experience, two heads are better than one. The majority view is usually nearer to the truth. When majority of the qualified bidders placed their bids above the P1 Billion mark, what can we say about the bidder whose estimate is too low compared to the others? Can it get the job done?

As I See It (with due apologies to Mr. Cruz), the bidding appears competitive. Just look at the range and differences of the bid amount. The government sets the ceiling (the ABC). The BAC of the MIAA has plenty to choose which of the bidders within the mid range could be awarded the project. Remember, under our bidding law, the project is awarded not to the lowest bidder per se but to the lowest calculated responsive bid.

 




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Re: Panglao Airport in Scandal?
« Reply #2 on: February 24, 2010, 06:46:10 AM »
Let  us be vigilant on this project that it will be realized after election. Basin unya ug gamiton ang kwarta sa election.

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Re: Panglao Airport in Scandal?
« Reply #3 on: February 24, 2010, 07:41:47 AM »

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Re: Panglao Airport in Scandal?
« Reply #4 on: February 24, 2010, 09:34:54 AM »
We can always cook up as many speculation as we can now that it is election time.

But when a project has been pushed for bidding since last year and it's only at this time when the bidding schedule is implemented, I cannot agree with Mr. Neal Cruz in calling it a "midnight deal." A midnight deal is one that just comes out from nowhere. The Panglao Airport project has been planned and replanned since twenty years ago.

We have to qualify, and not generalize, when implementation of projects should be prohibited during the election period, or close to it. Situations like this are governed by law. The ban on projects are covered by specific timeframes. When the project has been ongoing, it can continue even after the start of the ban (March 26,2010). When the projected is awarded before the ban, it can also continue even during the election period. Life-saving projects and those which are intended to prevent loss of life or damage to property can even be implemented during the election period when the COMELEC approves it.

On the matter of the bid amount of the bidders, there are two ways of looking at it. Either the bid is too high (under R.A. 9184, the only requirements is that the bid should not exceed the appoved budget of the contract), or it is too low that the estimate is not sufficient to complete the project according to its program of work.

In our common and usual human experience, two heads are better than one. The majority view is usually nearer to the truth. When majority of the qualified bidders placed their bids above the P1 Billion mark, what can we say about the bidder whose estimate is too low compared to the others? Can it get the job done?

As I See It (with due apologies to Mr. Cruz), the bidding appears competitive. Just look at the range and differences of the bid amount. The government sets the ceiling (the ABC). The BAC of the MIAA has plenty to choose which of the bidders within the mid range could be awarded the project. Remember, under our bidding law, the project is awarded not to the lowest bidder per se but to the lowest calculated responsive bid.

 




agree and you have your point   :) ;) :D

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