Disqualified bidder seeks reconsideration

CEBU, Philippines - The lowest bidder which was post-disqualified to undertake the Cebu City Medical Center reconstruction project has filed a motion for reconsideration before the Office of the Mayor on Monday.

The Manila-based A.M. Oreta and Company and its Cebu-based partner WTG Construction asked for the reconsideration of the decision of the Bids and Awards Committee citing three grounds.

According to the lowest bidder, the post-disqualification was improper, unauthorized, and not in accordance with the Republic Act 9184 otherwise known as the Government Procurement Reform Act.

The joint venture of A.M. Oreta and Company and WTG Construction claimed that the bidding and supporting documents submitted by them were complete, genuine, authentic and duly executed; and that their failure to disclose of all on-going and completed contracts was due to honest and excusable mistake.

The joint venture was among the seven contractors who participated in the bidding on September 30 and emerged as the lowest bidder with P274,975,904 for the first phase of the CCMC reconstruction project.

However, they were post-disqualified for allegedly being "non-responsive" after BAC members found out that the documents submitted contained "discrepancies and false information." A copy of the Notice of Post-disqualification was received by the contractor on November 13.

Based on BAC Resolution No. 2014-09-041, the joint venture failed to comply with two major eligibility requirements, such as the bidder must have completed a single contract of a hospital project worth P300 million in the last five years, and a statement of the bidder's ongoing projects, which WTG and A.M. Oreta banked its request for reconsideration.

BAC members found out that the contractors falsely stated that it completed the five-storey Far Eastern University Nicanor Reyes Sr. Medical Foundation Center building on December 15, 2009 when it was actually completed on November 8, 2009 yet.

 It was also confirmed by the Department of Engineering and Public Works that the contractor has an ongoing 12 infrastructure projects within the region and not three as claimed by the bidder.

WTG Construction general manager Willy T. Go said that the "joint venture is not guilty of misrepresentation and its post-disqualification, therefore, has no basis in fact and law."

"The joint venture respectfully manifest that the failure to disclose all the on-going and completed contracts of the joint venture was merely due to honest and excusable mistake. In this case, the Joint Venture in assumed in good faith that it was only required to disclose all on-going and completed projects related to the current project subject of the bidding; hence, the exclusion of other non-related projects," the motion read.

The contractors also asked for the issuance of a new resolution finding and/or declaring the subject bid of the joint venture as the "lowest complying and responsive bid."

Mayor Michael Rama was reluctant to comment on the motion as he has yet to receive a copy. A copy of the motion for reconsideration was also furnished to lawyer Jose Marie Poblete, chairman of the BAC Infrastructure and Consulting Services.

Poblete said the committee will deliberate on the motion for reconsideration probably within the week.

"I-rule nato and atong tan-awon ang grounds sa ilang motion for reconsideration. It will be deliberated holistically. While, it is desirable to start the construction but we cannot sacrifice the procedure. Haste makes waste," he said.

Poblete said he intends to write Rama as to their plan to push through with the post-qualification of the second lowest bidder as provided for under the law without prejudice to the result of the motion for reconsideration.

The second lowest bidder is also Manila-based, SCDI-MCEI joint venture, with a bid price of P281 million. However, the project will not be awarded yet pending the resolution of the issue.

"As the law provides, even with the pending reconsideration pwede nami mo-proceed sa post qualification dili lang nato usa ma-award. We can't take yet actions except from post qualification and dili ta ka-award basta dili ma-settle ang issue," he said.

Under Section 34.6 of the Implementing Rules and Regulations of RA 9184 provides that the "Immediately after the BAC has notified the first bidder of its post-disqualification and notwithstanding any pending request for reconsideration thereof, the BAC can initiate and complete the same post-qualification process on the bidder with the second lowest calculated bid/highest rated bid…" —  (FREEMAN)