By the Bohol Chronicle
A Japanese heavy equipment dealer complains on the alleged rigged bidding for the purchase of some P168-milllion worth of heavy equipment conducted by the provincial government recently.
International heavy equipment trader Kowa Tsusho Ltd.. failed to qualify in the multi-million bidding but said the procurement process “gave undue advantage to preferred suppliers†which threatens to explode into another anomaly bigger than Capitol’s alleged overpriced purchase of a backhoe and air-conditioning units two years ago.
Atty. Salvador Grupo, counsel of the Japanese firm, has formally filed a protest action to the chairman of the Bids and Awards Committee (BAC) of the provincial government, General Services Officer Engr.. Rosalinda Yu.
According to Grupo, his client was unable to beat the deadline for the submission of bids as the BAC conducted the bidding process with haste contrary to the Implementing Rules and Regulations (IRR) of RA 9184, the Government Procurement Act.
Under Sec. 17, Rule VI of the law’s IRR, prospective bidders should be given ample time to examine bidding documents and prepare its respective bids.
“To provide ample time, the concerned BAC shall promptly issue the bidding documents for the contract to be bid out at the time the Invitation to Apply for Eligibility and to Bid (IAEB) is first advertised,†Grupo cited.
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 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.
These heavy equipment has an overall approved budget contract (ABC) of P168,296,000.
Based on records, Grupo said that the bidding was advertised on January 7, 2009 but bid documents were made available only on January 23 “which is contrary to the provisions of the law.
The dropping of the bids, Grupo added, was done last February 9 which did not gave enough time to Kowa Tsusho to comply with all the “voluminous requirementsâ€.
“As a result, my client has been disenfranchised and suffered because of the failure of the BAC to observe the appropriate bidding procedures,†the lawyer said.
In a letter to Yu last February 4, the supplier requested for the dropping, screening and opening of bids to be deferred.
In its letter to Yu, the Japanese supplier noted “defects in the manner†the bidding has been conducted by the BAC.
Aside from the unavailability of bid documents, the amount to be paid for the said requirement was not stated for the reason that the technical working group of the bids committee “still needed to come up with the final and definite specificationsâ€.
As shown in the minutes of the pre-bidding conference, “the BAC secretariat could not furnish the interested bidders at that time any of the required documents,†Grupo disclosed.
He said there were “serious concerns and questions raised by participating suppliers and interested bidders†that were not completely resolved by the BAC and that it “needed further time to deliberate and settle†the issues.
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