Rama: Disqualification of firm “premature”

CEBU, Philippines - Cebu City Mayor Michael Rama says it was “premature” for the city government’s Bids and Awards Committee to disqualify WTG Construction and its Manila partner for the construction of Phase 1 for a new Cebu City Medical Center.

 He said he has not received any document nor signed anything disqualifying WTG Construction and its Manila partners.

 “It was a premature, as far as I am concern. I cannot be making an official statement until I will have (the documents from BAC),” he said.

 One of the BAC members, Jose Daluz III, said that they are still on the post qualification stage of the bidding.

 “Ang procedure wala pa mahuman. Therefore, all things are premature. As of now there is no final decision and the final decision will come from the mayor being the head of the procuring entity,” Daluz said.

 Rama explained that there is a process in declaring a certain company’s qualification or disqualification in the bidding.

 “I don’t want to be preemptive because there is a procedure,” he said.

 City Legal Office chief Jerone Castillo who also supported Rama and Daluz’ comments said that the process is still too long.

 Section 55.1 of the Government Procurement Reform Act provides “decisions of the BAC at any stage of the procurement process may be questioned by filing a request for reconsideration within the three calendar days upon receipt of written notice or upon verbal notification. The BAC shall decide on the request for reconsideration within seven calendar days from receipt thereof.”

 It further stated that “if a failed bidder signifies his intent to file a request for reconsideration, the BAC shall keep the bid envelopes of the said failed bidder unopened and/or duly sealed until such time that the request for reconsideration has been resolved.”

 Section 55.2 of the law also states that “in the event that the request for reconsideration is denied, decisions of the BAC may be protested by writing to the head of the procuring entity provided, however, that a prior request for reconsideration should have been filed by the party concerned in accordance with the preceding section, and the same has been resolved.

 Moreover, section 55.3 also provides that “the protest must be filed within seven calendar days from receipt by the party concerned of the resolution of the BAC denying its request for reconsideration. A protest may be made by filing a verified position paper with the Head of the Procuring Entity concerned, accompanied by the payment of a non-refundable protest fee.”

 Based on earlier reports, BAC disqualified WTG Construction and AM Oreta and Co. Inc. as the lowest bidder due to alleged inconsistencies and insufficiencies of submitted documents.

 Last September 30, the two companies gave the lowest bid of P274,975,904.10 for the first phase of the CCMC reconstruction.   (FREEMAN)