SolGen warns WVSUMC over lease-to-own deal
The controversial lease-to-own deal entered into by West Visayas State University Medical Center (WVSUMC) with Himex Corporation as regards the procurement of several Hitachi medical diagnostic equipment was reportedly held in abeyance following the opinion issued by the Office of the Solicitor General not favoring the said transaction.
Weng Santos, spokesperson of Himex Corp., told Aksyon Radyo Iloilo last week that the equipment had already arrived from Japan but it was temporarily held in their Manila office for some reasons she did not elaborate.
The equipment were scheduled for delivery last April yet.
Earlier, Bernard Hernandez, assistant Solicitor General, in a letter addressed to Hadja Luningning Misuari-Omar, chairman Board of Regents of WVSU, said the hospital could be violating RA 9184 should it proceed with the said transaction.
Hernandez cited that RA 9184 applies to all government procurements to include that of WVSU being a state university.
"Accordingly, any procurement undertaken by the WVSU must be through competitive bidding per Section 10, Article IV, supra", reads Hernandez's letter.
"While Article XVI, supra, provides alternative modes of procurement, such as direct contracting (Sections 48 [b] and 50 [c], supra), nevertheless, the MOA, on its face, does not show if the goods (without reference to brand per Section 17, supra) sought to be procured by WVSU are limited to those manufactured by Hitachi Medical Corporation and distributed by Himex Corp. In other words, it is not clear whether the diagnostic and other medical equipment needed by WVSU could not have been satisfied through competitive bidding."
Hernandez added the condition under Section 50 [c] that "those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government" could not be determined with certainty.
He added, "had there only been a competitive bidding, WVSU would have had several bids from different manufacturers/distributors of the needed diagnostic and other medical equipment at obviously varying terms and conditions, from which WVSU could choose the most advantageous offer.
To note, the said transaction, which uses the direct contracting mode of procurement of medical equipment, was backed by the legal opinion of the institution's legal counsel, lawyer Nory Posecion.
The transaction involves the procurement of several medical diagnostic equipment under Himex Corporation's five-year lease to own scheme amounting to a total of P135 million.
In a press briefing conducted by Himex Corp. sometime in March, company president Rehma Padilla-Ohno explained, the lease to own scheme covers five-year warranty of spareparts, labor for five years with an extension of another two years, and comprehensive insurance against fire, flood for the period of the lease agreement.
Hospital director Ramon Guerra refused to give comment when reached by the media last week.