Capitol’s BAC finds another reason to disqualify bidder

CEBU, Philippines - The Capitol Bids and Awards Committee has found another ground to disqualify the lowest bidder for the P250 million purchase of heavy equipment for the Province of Cebu.

The joint venture of RDAK Transport Equipment, Inc. and Nelson Lee Construction has requested for reconsideration on November 10 after it was post-disqualified by BAC for reportedly failing to comply with specifications of at least three items.

The BAC, chaired by Provincial Administrator Mark Tolentino, denied the request on November 23 and cited another ground that has not been otherwise raised earlier for its disqualification.

“After verification with the Bureau of Internal Revenue’s (BIR) website, it was found that the BIR has not issued a tax clearance for NS Lee Construction, hence, the tax clearance submitted by N.S. Lee Construction is therefore questionable,” read the BAC Resolution No. 0229 dated November 23.

RDAK representative, Bartolome Cabigas, in a letter dated November 26 addressed to Tolentino, asked for reconsideration of the said BAC Resolution.

 “It is my considered opinion therefore that this second request for reconsideration is proper. However, if this Honorable Bids and Awards Committee do not share the same opinion, let this therefore be treated as a Protest and consequently notify me of the appropriate filing fee, if any, so I could tender the same,” Cabigas said.

 Cabigas said the ground BAC has cited is erroneous, adding that the resolution itself cites the submission of NS Lee Construction’s tax clearance.

 What is lacking, he said, is the original copy, which was also submitted, although the form of the tax clearance utilized was different, either because it was an older form or otherwise because it was issued by different regional office of the BIR.

 “By unilaterally referring to the BIR website and making a finding that NS Lee Construction has not been issued one, without validating from NS Lee Construction itself, to my opinion, violates our rules on due process,” Cabigas said.

 In fact, Cabigas said, with proper notice, it is not difficult for NS Lee Construction to present the required validation of the submitted original copy of the tax clearance.

 It is not also farfetched that its tax clearance issued by its home regional office of the BIR is not uploaded or would not appear in the BIR website adverted to by the BAC.

 “If only the Honorable BAC members accord NS Lee Construction sufficient notice to produce the document it can do so easily,” Cabigas said.

 Cabigas also requested for a meeting so he can personally explain his point with citation of authority or basis of his point.

 RDAK has submitted the Lowest Calculated and Responsive Bid of P235 million followed by Civic Merchandising of P237 million. But BAC declared ConEquip Philippines as the winning bidder with the amount of P250 million even if it was disqualified during the pre-qualification bid.  (FREEMAN)