CEBU, Philippines - Cebu City Mayor Michael Rama has declared a “failure of bidding” for the new Cebu City Medical Center’s first phase of construction.
In a memorandum order addressed to the Bids and Awards Committee, he ordered to conduct the bidding again by next year to avoid “suspicion of favoritism and anomalies.”
“It is emphasized that the espousal of the governing principles of government procurement of transparency and competitiveness is of utmost importance. Hence, in order to address the issues raised pertaining to the initial bidding for the construction of Phase I of the CCMC and to avoid or preclude any suspicion of favoritism and anomalies, this Office deems it prudent that the competitive bidding process for the project be re-conducted,” the order read.
Rama stressed that the competitive bidding process, such as the advertisement, pre-bid conference, eligibility screening of prospective bidders, receipt and opening of bids, evaluation of bids, post-qualification, and award of contract be likewise conducted anew.
Also, he wants to review and revise the composition of BAC, including its terms and conditions and specifications of the bidding documents to “ensure proper compliance” with the provisions of Republic Act 9184 (the Go-vernment Procurement Reform Act) and other legislations.
When asked for her view, Councilor Mary Ann Delos Santos, chairwoman of CCMC ad hoc committee and member of BAC, argued that only BAC can declare a failure of bidding, invoking Section 35 of RA 9184.
According to the said provision, in the event of failure of bidding, the BAC shall observe the same process and set the new periods according to the same rules followed du-ring the first bidding.
She further said the mayor’s role in the entire bidding procedures is only to award to bid. Nowhere is it specified under the section that the mayor has authority to declare the bidding as a failure.
“It cannot be arbitrarily declared as failure of bidding without consummating the process and there has been no recommendation yet coming from BAC as we are in the process of post-qualifying the second lowest bidder,” she said, adding that the BAC is an independent body.
Delos Santos, who received a copy of the order Thursday, said she was surprised by issuance of the order as it was never discussed to them by the mayor.
“In all honesty, I was caught flat-footed as to the issuance of the order because I did not expect this. I was just kind confused on the memo declaring failure of bid and re-conducting a bidder. I thought the bidding process (should be) consummated first before any (failure of bidding) declaration,” she said.
Delos Santos said Rama’s order to have the current BAC and its composition reviewed and revised could mean the committee’s dissolution. This is specified under item 2 in Rama’s order.
“For its intents and purposes, it’s very clear no more BAC to speak of citing No. 2 of the memo order,” she said.
In the end, Delos Santos clarified that she does not question the order of the mayor but was merely expressing an opinion, although she said she is ready for anything.
“It’s an order coming from the mayor but who am I to defy his order I’m just a member of BAC. I’m not questioning the order this is just my understanding. He’s the mayor I think he knows what his doing and so with the repercussions,” she said.
Earlier, Cebu’s WTG Construction and Development Corp. and Manila’s E.M. Ureta won the bid for placing P274,975,904 but they were post-disqualified for allegedly being “non-responsive” after BAC members found out that the documents submitted contained “discrepancies and false information.”
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 within the last five years and a statement of the bidder’s ongoing projects.
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. —/BRP (FREEMAN)