BFP OIC faces another graft case

MANILA, Philippines - Bureau of Fire Protection (BFP) officer-in-charge Samuel Perez is facing another graft case before the Office of the Ombudsman, still for allegedly declaring a failure of bidding for a P242.8-million government contract for firefighting equipment to a winning bidder.

In the latest complaint lodged last month by Kolonwel Trading, a local manufacturer working in joint venture with Korean-based firm In Seung Apparel Co. Ltd., one of the losing bidders, Panpisco Technologies Inc. has been included as a private respondent to the case.

In a nine-page charge sheet received by the Office of the Ombudsman on Feb. 21, 2012, the complainant, who earlier filed graft cases only against Perez, said Panpisco should also be probed for alleged violations of the Anti-Graft and Corrupt Practices Act.

Panpisco, for its part, replied in its Facebook page that they have yet to receive a copy of the complaint and “will determine what’s best to do legally” once they do.

Kolonwel Trading and In Seung Apparel filed their first graft case against Perez in January accusing the acting BFP chief of undue injury by declaring a failure of bidding a year after three different Bids and Awards Committees (BACs) recommended the awarding of the contract to them based on mere complaint letters from the losing bidder.

Perez was accused by the complainants led by Peter Go Cheng of acting on the complaints of the losing bidder in violation of the rules under Republic Act 9184, or the Government Procurement Reform Act.

Kolonwel Trading and In Seung Apparel explained that under RA 9184, the complainants, at the proper time during the bidding process, may file protests which are subject to protest fee equivalent to one percent of the project cost.

Kolonwel Trading and In Seuing Apparel’s latest graft complaint said Perez gave double unwarranted benefit to Panpisco by acting on its letter-complaint without requiring them to pay a protest fee.

“Under the Government Procurement Reform Act, no complaint, short of a protest, may merit cognizance and action by the head of agency,” the complainants said, believing that the government was deprived of a non-refundable protest fee of P2.4 million.

“By taking cognizance of and by acting on the grievance of the said losing bidder who did not file a protest mechanism as required under the Government Procurement Reform Act, public respondent OIC Perez has thereby deprived the government the protest fee legally payable to the government,” the complaint read.

The first bidding for the BFP contract was held in October 2010 and Konwel Trading, in joint venture with In Seung, emerged as the winner.

The same joint venture won in two other biddings that followed and was recommended to be awarded the contract in October 2011 which Perez, even after an approval by Interior Secretary Jesse Robredo, reversed the decision and declared a failure of bidding.