Supplier cries foul over awarding of Autoclave contract
A supplier of medical equipment dubbed as irregular the awarding of contract to supply one unit Autoclave machine to Gerden Pharma Lab and Co. Inc. by the Bids and Awards Committee (BAC) of the Iloilo Provincial Government.
In a letter complaint dated May 17, 2009 sent to the BAC, BD Medica Enterprise based in Bacolod City questioned the awarding of contract to Gerden Pharma although their company was the lowest bidder.
In the Abstract of Bids dated December 16, 2008, BD Medica offered a bid price of P580,000 while Gerden Pharma has a bid price of 641,838.00.
However, BAC, then chaired by Ramie Salcedo of the General Services Office (GSO), in a resolution dated February 4, 2009 declared BD Medica a non-responsive bidder “due to its failure to meet the eligibility requirement particularly the statement of ongoing and similar completed government and private contracts for the last three months...”
BD Medica in its complaint claimed that during the bid opening proceedings, BD Medica was declared as “eligible” under the eligibility check. BD Medica cited Section 30.2 of the Implementing Rules and Regulations (IRR) of Republic Act 9184 stating that the BAC shall only open the second bid envelop for bidders which have satisfactorily complied with the requirements of the first envelop.
“By this, it is clearly understood that we have complied with the eligibility requirements for the project, otherwise, our financial proposal would not have been considered for evaluation and comparison,” BD Medica stressed.
BD Medica added, “Based on the Abstract of Bids ... our company was declared as 'sufficient', a strong basis for us to consider our offer as having passed evaluation by the BAC.
BD Medica also cited that in its bid proposal it submitted documents “which listed projects similar in nature undertaken by the company within the stipulated period of three months” in compliance with the eligibility requirement.
BD Medica further questioned the failure of the BAC to notify their company of alleged failure to meet eligibility requirement. It cited Section 34.4 of the IRR of RA 9184 stating that “the BAC shall immediately notify the failed bidder in writing of its post-disqualification and the grounds for it.”
“The post-disqualified bidder shall have seven calendar days from receipt of the said notification to request from the BAC a reconsideration.”
BD Medica also included in its complaint that Gerden Pharma did not specify the brand of the item offered, or any statement at least which indicates whether the offered item is local of foreign made which is in violation of Item No. 2 of the Terms and Conditions of the bidding.
It also questioned the signatory in Gerden's bidder's bond who “is only a witness to the Special Power of Attorney and not the authorized signatory himself who is Gerardo B. Billedo.”
BD Medica also stressed that the price difference of P61,038 between their bid and that of Gerden is a substantial amount which is very disadvantageous to the government.
It was learned that Salcedo is no longer chair of the BAC, he was replaced by provincial legal officer Atty. Salvador Cabaluna recently.
A source from BD Medica said that the new chair of BAC has not yet answered their letter complaint.