Disqualification of bidder in Capitol project questioned

CEBU, Philippines - A former board member has questioned the province’s Bids and Awards Committee over the “flimsy” ground in disqualifying the lowest bidder for the P250 million purchase of heavy equipment for the Province of Cebu.

Lawyer Victor Maambong, now a consultant of the office of Board Member Thadeo Ouano, said “some people are in a hurry” to disqualify the lowest bidder without the benefit of due process.

 Maambong who is seeking a comeback to the PB under gubernatorial bet Winston Garcia of One Cebu Party, said BAC’s decision to disqualify the joint venture of RDAK Transport Equipment, Inc. and Nelson Lee Construction solely on the basis that it did not comply with the specifications of at least three items and the lack of tax clearance is “unfair”.

 Provincial Administrator Mark Tolentino, BAC chairman, cited as ground in the disqualification that RDAK’s partner, NS Lee Construction, was not issued tax clearance by the Bureau of Internal Revenue as shown in the BIR website.

 But Maambong said it was not “due process” to rely on the BIR website because it does not guarantee that all information about the bidder is fully disclosed.

 He said BAC should have notified the lowest bidder about the information on the website and asked the company to explain or present the documents instead of making a decision hastily.

   “Sa korte gani mag-occular inspection man. All rules in relation to evidence should apply to all parties,” Maambong said.

 Maambong is questioning whether ConEquip Philippines, the contractor declared by BAC as lowest responsive bidder, has complied with all the requirements like those that were required of the other bidders.

 For one, Maambong said the Capitol should disclose to the public the service center of the “favored” contractor. More importantly, Maambong said the Capitol should let the public know whether ConEquip is ISO certified.

 “We should not sacrifice public interest,” Maambong added.

 RDAK has submitted the Lowest Calculated and Responsive Bid of P235 million followed by Civic Merchandising of P237 million. But, ConEquip Philippines was declared winning bidder with the amount of P250 million even if it was disqualified during the pre-qualification bid. — (FREEMAN)