Pampanga told to comply with procurement rules
January 11, 2011
CITY OF SAN FERNANDO — The Commission on Audit (COA)’s Audit Group H in Pampanga has recently recommended to the Capitol to require the Bids and Awards Committee (BAC) to abide by the rules on procurement.
The rules are spelled out in Sections 68 and 69 of the Implementing Rules and Regulations-A of Republic Act 9184 or the Government Procurement Reform Act.
COA’s recommendation, including five more requirements for the BAC’s compliance, resulted from the 2009 BAC of the previous administration’s failure to impose penal sanctions to the default winning bidder, thus rendering the BAC’s action “inempt and transaction considered improper.”
Documents obtained by Sun.Star Pampanga show that Capitol, on July 2009, published an invitation to bid for the procurement of lot 16-Blood Chemistry/Hematology with an approved budget of P2,469,745.
Two bidders — Pre Ans Enterprises and BD Medica Enterprise — submitted calculated bids of P2,469,745 (0% variance) and P2,164,950 (0.123% variance).
Purchase Order 09-2221 was awarded to BD Medica Enterprise on September 17, 2009, and was received by the firm on November 6, 2009.
However, the delivery of the items, even after repeated demands from then governor Ed Panlilio and former Provincial Administrator Vivian Dabu, were never made.
District hospitals due to receive the said items started complaining about the non-delivery. The documents noted that in a meeting on March 12, 2010, the 2009 BAC alleged that the items were delivered under a delivery receipt dated November 27, 2009, but “these were presented only for inspection but not delivered to the district hospitals.”
On April 6, 2010, the Hospital BAC finally passed Resolution 2010-038-ETP declaring Pre Ans Enterprises the second lowest bidder after careful examination. The supplier, after being issued PO No. 10-0998 on March 6, 2010, delivered the items in May 2010.
But in its letter to Governor Lilia Pineda, the COA clarified that the moves of the then-BAC resulted in an opportunity loss of P304,795 and findings that the BD Medica Enterprise did not post a performance/security bond (violation of section 27 of RA 9184), non-attachment of delivery receipt to the returned disbursement voucher (DV), and liability of persons who inspected the items and their non-delivery.
The COA, in returning DV No. H-101-1290 for pre-audit and without action, has recommended to Capitol’s current administration that the BAC abide with RA 9184; issue a blacklisting order disqualifying the erring supplier from participating in the bidding of the agency and/or all government procurement; that the BAC attend briefings and seminars for updates on RA 9184; that it be held responsible for all negative outcomes and consequences of procurement determined as irregular and improper; and that the General Services Office be held responsible for the non-delivery of items to the various district hospitals. (Jovi de Leon)
Source: http://www.sunstar.com.ph/pampanga/local-news/pampanga-told-comply-procurement-rules
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