PBAC defers opening of bid docs for P252.7 million equipment deal

CEBU, Philippines - To comply with the seven days posting requirement, the Provincial Bids and Awards Committee (PBAC) has deferred the opening of bid documents for the P252.7 million light and heavy equipment procurement project of the provincial government.

BAC chairman and provincial administrator Mark Tolentino said they have decided to move the scheduled opening after one of the six bidders claimed that it did not receive any notification of the supplemental bid bulletin.

The BAC secretariat, however, insisted that the information was sent through email. The secretariat also claimed to have called ConEquip but nobody answered.

Tolentino said that moving the schedule would cure the validity of the posting of the supplemental bid bulletin which was only six days as of yesterday.

Rule VII of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 otherwise known as the Government Procurement Reform Act provides that advertisement and invitation to bid shall be posted continuously in the Philippine Government Electronic Procurement System (PhilGEPS) website and the website of the Procuring Entity concerned for seven calendar days starting on date of advertisement.

This is also clearly stated by the Government Procurement Policy Board in its Non-Policy Opinion No. NPM 122-2013 with regards to the late issuance of supplemental/bid bulletin.

"In light of the mandatory directive to issue Supplemental/Bid Bulletin not later than the period prescribed in Section 22.5 of the IRR, we are of the view that Supplemental/Bid Bulletins issued by the BAC within seven (7) calendar days from the deadline of the submission and receipt of bids will be considered invalid and ineffective in modifying the Bidding Documents. If the BAC decides to carry the modifications made by an invalid Supplemental/Bid Bulletin in proceeding with the procurement activity, the BAC may be considered to have failed in following with the prescribed bidding procedures," read the opinion.

A representative of Civic Merchandising has expressed that it is unfair for the rest of the bidders who have received the notice.

But Tolentino insisted the postponement and reposting of the supplemental bid bulletin in the interest of transparency and to accommodate mistakes particularly in the period of posting.

The BAC is set to post new bid bulletin within the week to give enough time before the next schedule of the opening of bid documents. The BAC has already removed the G7 standard requirement to avoid confusion after it was brought up during the pre-bid conference last November 2.

Technical specification also required that bids will be accepted only from or on behalf of manufacturers of known registered brands, with office in Cebu City, and who can assure that spare parts and service center/facilities will be available in Cebu City when needed.

Of all the bidders only ConEquip, which has a joint venture with RDAK Transport and TKC Heavy Industries, is based in Cebu.

Other bidders, Civic, Socor Construction Corp., D.Limitless Vehicle Corp. and JVF Commercial, are based outside Cebu City.

During the first bidding, the joint venture of RDAK Transport Equipment, Inc. and Nelson Lee Construction submitted the Lowest Calculated and Responsive Bid of P235 million, followed by Civic Merchandising with P237 million while ConEquip posted the most expensive bid of P250 million but was declared winner by BAC. (FREEMAN)