2 contractors in flood control projects forced to take on the job - Singson

MANILA, Philippines - Public Works and Highways Secretary Rogelio Singson said yesterday that at least two of the contractors who bagged foreign-funded flood control projects were allegedly “forced” by agency officials to take on the job.

“Two of the contacts came to me and it seemed that they were forced, that they should accept it even if they did not want to enter into that contract. This is puzzling because this time it is the DPWH who is trying to contract the contractor,” he said, although he refused to name names.  

It has been a common practice that contractors beg and even offer bribe money to get contracts from the DPWH, but in the case of the 20 controversial flood control projects funded by the Japan International Cooperation Agency (JICA), government officials were the ones telling them to accept the project under a negotiated contract.

Singson said the two contractors complained that they were only forced to take on the projects in the JICA-funded Post “Ondoy” and “Pepeng” Short-term Infrastructure Rehabilitation Project.

The 20 contract packages, which amounted to P934 million, were divided among 13 different contractors. 

Asked if the revelation of the two contractors earned them slots to join future biddings for the DPWH projects, Secretary Singson said, “We have to assess if they would be allowed to participate in other biddings. They might only become witnesses, if necessary.”

Administrative charges being studied

He also declined to name the officials who pressured the contractors, saying they should be given time to explain their side on the issue since they might have only been following orders.

The implementing office for the JICA flood control contract packages is the Project Management Office (PMO) for Major Flood Control and Drainage Project (MFCDP)-Cluster II, which is headed by Project Manager Philip Meñez.

Meñez and DPWH Accountant Marichu Palafox were two of the signatories in the contracts.

The witnesses varied depending on the contractor who bagged the projects.

Singson said the statements given by the two contractors would be considered in the crafting of the resolution, which would respond to the six-page report recently submitted by the fact-finding committee headed by Engineer Jaime Pacanan, who is the DPWH Undersecretary for administration, finance, information and technology and legal affairs.

He said he is being assisted by their Legal Department in studying the committee’s report and would determine if there was any legal basis to file administrative or criminal charges against any of the DPWH officials and employee.

Singson is hoping to come out with the resolution within the week, and said that administrative charges would be slapped on erring officials.

None of the 20 contract packages were consummated since they still lacked the Notice to Proceed, did not have the concurrence of the JICA and the contracts were not notarized.

Pacanan’s report cited procedural lapses in the negotiated contracts but the Secretary said they have to make sure if these were “deliberate or honest mistakes.”

He admitted that while the DPWH may have been allowed to implement a negotiated contract, they have to make certain that procedures were followed.

Singson reiterated his earlier argument that if the projects were considered as “emergency” projects, then instead of entering into a negotiated contract they could have just shortened the bidding process.

Pacanan earlier said that both JICA and the DPWH agreed that the projects should be completed in a span of six months wherein they would allocate three months for procurement and another three months for civil works.

The considerations on the given time frame were reportedly the reason why JICA agreed that the projects be subjected to a negotiated contract instead of the regular bidding process.