CEBU, Philippines - The controversy over the purchase of school furniture by the Department of Education-Cebu Province involving millions of pesos questioned the integrity of the very people tasked to promote the quality of education among children after defects in P17 million worth of school furniture exposed alleged anomalies in the bidding process.
Defects
After school furniture was delivered by Gala Industries Inc. to different schools in Cebu province for school year 2009-2010 teachers noticed that nails, instead of bolts and screws, were used in the armchairs and desks.
There were also reportedly some missing handles in the teacher’s tables, which were supposed to be included based on the specifications.
The teachers, who are familiar with furniture, added that ordinary and not marine plywood that was used for the tables and the finish was not done well.
At Jugan Elementary School in Consolacion town teachers observed of defective drawers, uneven finishing and the use of nails also instead of bolts.
At Kagay Elementary School in Barili town, it was also reported that teachers noted the very poor workmanship and poor quality of the armchairs and tables.
Among their observations was that the color is not in accordance with the approved color description and the finish was very rough.
It was also reported that the materials used were not in accordance with the specifications set by the Department of Education.
The same observation also made by teachers of San Fernando Central Elementary School in San Fernando town.
Claims of irregularities
Following the revelation of the defects in the school furniture, several companies who participated in the bidding for the manufacture of the furniture claimed irregularities in the procedures that led to the awarding of the contract to Gala Industries Inc.
One such company, JEC Lumber Corporation submitted a bid amounting to P17.228 million while Ramagal Door and Sash submitted a bid for P17.350 million for the project.
Gala Industries Inc. submitted a bid for P17, 760,750 but still got the project.
JEC and Ramagal were disqualified by the Bids and Awards Committee for their alleged poor performance in previous projects.
Three top officials of Department of Education and seven members of DepEd-Cebu Bids and Awards Committee (BAC) are now facing a complaint before the Ombudsman over the alleged anomalous furniture projects.
JEC Lumber Corp., through its lawyer Manuelito Inso, filed a complaint against DepEd-7 Regional Director Recaredo Borgonia, Cebu Provincial School Division Superintendent Arden Monisit and former provincial school division superintendent Serena Uy.
Included in the complaint are DepEd-Cebu Bids and Awards Committee chairman Judiana Corriente and members Romualdo Abella, Daria Sarsalejo, Norberto Torbeso, Willie Adonay Jr., Salud Luna and Gerardo Mantos.
Borgonia, regional director of DepEd-7, served as provincial schools division superintendent from January 2004 to January 2008.
Uy was the school division superintendent of DepEd-Cebu province from January 2008 until her retirement in January 2009. She was replaced by Monisit.
No irregularities, BAC says
The Bids and Awards Committee of the DepEd-Cebu province denied any irregularity saying the project is above board as the contract that was awarded to the winning bidder was given to the said bidder after they carefully followed the procedure prescribed by Republic Act 9184, otherwise known as the Government Procurement Reform Act.
They also said that the two disqualified bidders allegedly submitted defective papers and false information, which became the basis of their qualification.
The alleged favoritism raised by the disqualified bidders, BAC officials said, is grossly irresponsible as the law provides them a mechanism wherein they can validly and legally ventilate their objections and protest to their decision post-disqualifying them in the project.
BAC officials further claimed that the said bidders who lodged the complaints opted to disregard these legal mechanisms as they know that the BAC post-disqualifying them is in order.
They stressed that the disqualified bidders resorted into some extra-legal means by conducting their own monitoring of the implementation of the project and subjected the BAC into trial by publicity.
BAC officials admitted that while it is true that ordinary citizens are urged by the law to monitor government contracts and projects, however, the act of the disqualified bidders to conduct monitoring by themselves, and sometimes misrepresenting themselves as DepEd personnel in the schools where they conducted the monitoring is grossly malicious.
The officials added that it must be noted, that during the pre-procurement conference that was attended by the school heads of recipient schools, these school heads were properly oriented on the proper specifications of the school furniture that their schools will receive and that they have the right to reject them if they find the furniture delivered to them to be defective or substandard.
Manifesto
A group of contractors engaged in the supply and delivery of furniture to various DepEd school divisions released a manifesto based of their respective experiences with various divisions throughout the country.
The DepEd Contractors Alliance in their manifesto said they have been undermined by the extensive powers wielded by these division’s Bids and Awards Committees including its Technical Working Groups.
The manifesto further said that more than anything, savings on approved budget are lost to payoffs much to the detriment of straightforward contractors. These schools end up being provided by the favorable bidder with substandard furniture.
The use of double standards is very rampant, according the manifesto stating that the samples are evaluated on their discretionary interpretation of the technical specifications.
It added that they also agree with the bidders on one thing in pre-bidding conferences but insist on other procedures later and use their discretionary authority to justify their decisions.
The manifesto further said that the BAC may advertise in invitations to bid on an array of materials for example. Then during pre-bids, they would require only one type of material to favor one supplier who is a sole supplier of that type of materials.
They claimed samples are evaluated not based on quality but on its discretion and many of the engineers do not even know how to build furniture.
COA findings
The Commission on Audit in its annual audit said the furniture should not have been received without proper inspection.
COA auditors recommended that concerned DepEd officials make it mandatory for division offices to provide recipient schools with technical specifications or samples, which they can use as bases for inspection and acceptance of deliveries.
Defective deliveries should be rectified or rejected and deducted from payment, and should constitute a possible ground for blacklisting of the contractors, without prejudice to the filing of appropriate charges against them as the circumstances warrant.
The division inspectorate team and all district/school property custodians should be made responsible and accountable for the acceptance and subsequent payments of defectives tables, chairs and armchairs.
COA also recommended for the creation of a school inspection committee by the head of school office to inspect deliveries and repairs of furniture, duly trained and knowledgeable of the required standard design and specifications of tables, chairs and armchairs by DepEd.
In Central Visayas, auditors noted that only one school did not accept the furniture due to non-observance of the proper specifications of the items requested for rectification.
In the audit of selected school inventories of tables, chairs and armchairs of the division of schools in five regions, they observed that teachers, chairs and armchairs costing P33.8 million were defective, substandard and or inferior in quality. It was also alleged that most deliveries were not subjected to the inspection and scrutiny required under DepEd order No. 12 series of 2007 or other earlier issuances, particularly by the Division Offices Inspectorate teams.
Investigation
Following the exposé, Akbayan Party-List Rep. Risa Hontiveros-Baraquel filed House Resolution No. 1214 asking the House Committee on Basic Education and Good Government to conduct an inquiry in aid of legislation on the alleged irregularities.
Baraquel wants the investigation include the accusation of favoritism by the BAC. But the two House committees failed to start the conduct of investigation.
A separate investigation was also agreed upon by the members of the Cebu Provincial Board but it has not started until now.
Deputy Ombudsman for the Visayas Pelagio Apostol assured that his office will look into the alleged irregularities. As of yet not one of the complainants have been invited for questioning. —/BRP (THE FREEMAN)