By Paulo Loreto Lim
A group comprised of contractors, suppliers, truckers, haulers, and media men filed a complaint before the deputy ombudsman for the Visayas, claiming Bacolod City Mayor Evelio Leonardia and his Bids and Awards Committee (BAC) violated RA 9184, or the Government Procurement Reform Act, during the recent process of selecting a waste management contractor for the city.
They claim, between a supposed lack of transparency and a short time frame, the city was stacking the deck in favor of current waste management contractor IPM Construction and Development Corporation (IPM-CDC).
According to the complaint, upon requesting information regarding the bidding process, they were informed by the BAC Secretariat to first purchase bid documents, which cost P50,000. They claim they were given no further information besides the date of the February 6, 2017 pre-bid conference.
Nemesio Demafiles, one of the signatories of the complaint, requested clarifications during the said conference but was barred from questioning as they had not purchased the bid documents.
They claim this was a violation of Section 17, Form and Contents of Bidding Documents.
Citing Section 17.4, which says, “The Procuring Entity shall post the complete Bidding Documents at its website and the PhilGEPS website,” the complainants assert required documents should be listed for potential bidders.
They also note Section 21, which states, “The Invitation to Bid/Request for Expression of Interest shall provide prospective bidders the following information,” which goes on to indicate, “a general statement on the criteria to be used by the Procuring Entity for the eligibility check.”
According to the complaint, it was only after the pre-bid conference they were informed of requirements, including ISO certification, 70 percent truck ownership with gadget, among others.
They also claim they sought minutes of the meeting from BAC chairman, Atty. Maphilindo Polvora, which was denied. The complaint calls it a violation of the Freedom of Information Act and Anti-Red Tape Law.
The complaint goes on to claim the time between the pre-bid conference and the bid opening was “constricted.” Adding, “Suspicions dawned upon us that perhaps the project was earmarked to IPM, the current garbage collector of the city.”
Last month, IPM-CDC was awarded a new contract after bidding nearly P150 million. They were the only bidder after rivals either withdrew or were disqualified from the process.
Three of the signatories, Demafiles, Antonio Wong, and Edgar Cadagat, were also part of a complaint brought before the Department of the Interior and Local Government (DILG) earlier this year, claiming non-payment from the city for the delivery of construction materials.
They requested an investigation into the city government after they claimed payments were, at the time, nine months overdue./WDJ