Disqualified bidder sues MCWD

CEBU, Philippines - For allegedly disqualifying them as an eligible bidder for security services, the Consolidated Security and Investigation Services Inc. filed a civil case before the court against Metropolitan Cebu Water District (MCWD) and others.

"We will answer the charges in court. Rest assured, MCWD exercised due diligence and followed proper bidding procedures to safeguard public funds," said Charmaine Rodriguez, MCWD public affairs department manager.

In their eight-page complaint, the agency through lawyer Jaime Alviola claimed that the ground for their disqualification was unjustified.

"Respondents BAC-1 and MCWD BOD acted without or in excess of jurisdiction or with grave abuse of discretion when it declared the petitioner to be a disqualified bidder without having conducted or undertaken actual post qualification or validation on herein petitioner's compliance of bidding requirements," the complaint read.

Aside from the MCWD, other named respondents of the petition for prohibition with prayer for writ of preliminary injunction and temporary restraining order were MCWD Bids and Awards Committee (BAC), MCWD Board of Directors (BOD) and Café Security and Investigation Agency, Inc.

After the MCWD published their invitation for public bidding for procurement of security services in a local newspaper, the petitioners participated and offered P55.18 per hour for one security guard. Petitioner claimed that they were the lowest bidder out of four bidders.

However, on May 20, 2013, the petitioners said the technical working group (TWG) submitted a written recommendation to BAC-1 recommending that their bid of P55.18 per hour/security guard "be declared as non-responsive" though no actual post qualification process was conducted.

Alviola said that instead of requiring the agency to submit its standard post-qualification documents, the BAC-1 through TWG directed the petitioners to submit additional documents such as Department of Labor and Labor Employment (DOLE) Certificate of Registration, SSS, Pag-Ibig and PhilHealth clearances.

On July 15, 2013, petitioners said they received a notice of post-disqualification from BAC-1 citing they failed to register under DOLE Order No. 18-A. They filed a motion for reconsideration but it was denied.

"Proof of registration with the DOLE is not among the eligibility documents mentioned in the MCWD Bidding Procedure checklist for other licenses and certifications required to be submitted. Therefore, the questioned rulings/resolutions of respondents BAC-1 and MCWD BOD disqualifying the herein petition because of non-registration with the DOLE is unjustified," the petitioners stressed.

The petitioners added that they cannot be compelled to register with the DOLE as they were not engaged in "contracting or subcontracting arrangement providing skilled workers or temporary workers to a principal under a service agreement."

Meanwhile, considering the respondents are about to formally award and enter into a service contract with Café Security and Investigation Agency, the petitioners asked the court to restrain them until such time their case be heard and resolved by the court.

Aside from the injunction and TRO, the petitioners also asked the court to nullify the rulings of the MCWD.

Petitioners asked respondents P25,000 litigation expenses, P100,000 as nominal damages, P50,000 as temperate damages and P30,000 as attorney's fee plus P2,000 appearance fee.

Respondents are set to answer the complaint. — (FREEMAN)