Anomaly in the procurement of P95-M firearms for cops?

Is there any anomaly in the plan of the Philippine National Police to procure P95 million worth of firearms for its elite and skilled unit Special Action Force (SAF)?

Reports had it that the PNP’s plan to acquire 1,000 pieces of M4 rifle, worth P95,000 each did not subject into bidding, which is required by the RA 9184.

A text message, which circulated yesterday indicated that a network will air a documentary on “the plan of PNP to buy inferior quality and untested M4 (rifle) for the use of its PNP personnel.

“Please pass this message to your fellow PNP friends. What kind of retiring officer they have who would sacrifice lives of their personnel for personal gain,” stated the text message. “Sorry sana ma pick up nyo rin anomalous P95-M purchase ng M4 rifle without bidding. Tapos ipa-assemble in Cebu papagamit sa pulis.”

When sought for comment, PNP chief Director General Avelino Razon Jr. branded as “unfair and malicious” the allegation that the PNP will acquire inferior quality of firearms to the detriment of the policemen, who would use it.

“The allegation is unfair and malicious, it tends to cast a bad image for the PNP as well as its chief,” Razon told The STAR. “We will always get the best equipment for the PNP. We shall never allow any procurement of substandard equipment that will endanger the lives of our personnel.”

Razon explained “the bidding process is transparent. In fact it is still ongoing. We have not yet ordered.” The PNP chief also questioned the intention of the source of the alleged anomaly. “We should check also who is alleging this and he should be ready to produce evidence. I will order an investigation to look into the regularity of the procurement process.”

In an interview with The STAR, Deputy Director General Emmanuel Carta echoed Razon’s position that the allegation was “unfair and malicious.” Carta, the deputy chief for operations and chairman of the Bidding Committee, said the bidding process is not yet over.

“Di pa tapos ang bidding process. We did the pre-bid process which was authorized by the National Police Commission and three dealers— Ferfrans, Bush Master and Call Centric have indicated intentions to participate,” he said.

Carta said the firearms, which cost P95,000 each will be used by the Special Action Force, the elite and skilled unit of the PNP. He added that members of the SAF have requested for the type of gun with “independent shear system” that reduces the cyclic rate. He added that the system would prevent a gun’s recoil and accidental firing. The SAF has been using similar guns since 2000, which has been tested to be accurate.

Carta said during the pre-bid process, Ferfrans —owned by Ferdinand Sy and Francis Allan — said that the “independent shear system” has been patented to them.

“They claimed that the independent shear system was patented to them,” said Carta. With the information, Carta said they have no choice but to drop the bidding and to do “direct contract with the “Ferfrans.”

Carta said that direct contracting is authorized under RA 9184 — an act providing for the modernization, standarization and regulation of the procurement activities of the government and for other purposes.

“Under Section 50 of RA 9184, direct contracting may be resorted to only…if procurement of goods of propriety nature, which can be obtained only from the propriety source, i.e. when patents, trade secrets and copyrights prohibit others from manufacturing the same items,” said Carta.

Carta said the Call Centric, owned by retired Com. Divina Gracia did not make any opposition but Chris Aquino, the proprietor of Bush Master, made a motion for reconsideration and informed the PNP that they can also supply similar firearms without infringing the patents of Ferfrans.

He added that Aquino showed the PNP their firearms but “the technical working group reported the firearms failed to meet the required specification. “Hindi pumasa yung baril nila.”

“Sana wag mag-resort sa dirty tactic to sell their products with unfounded allegations,” he said.

Carta said Aquino has the remedy to file a motion for reconsideration and late protest to office of the PNP chief. The bidding committee merely recommends to the office of the PNP chief.