No private sector witnesses were present during meetings of the Capitol’s bids and awards committee in May when the P37 million security service contract of Cebu province was discussed.
By law two “observers” from recognized private groups should be present “in all stages of the procurement process” to ensure transparency.
Based on records of the BAC, invitations were sent out to a business chamber and a cooperative, but no one responded.
The disqualifcation of Black Pearl Security Agency after a string of lapses following the agency’s sudden takeover of guard posts on May 31 has underscored the need for more transparency in the bidding process, which was severely questioned.
Under Republic Act 9184 or the Government Procurement Reform Act, the bids and awards committee (BAC) are mandated to invite a representative of the Commission on Audit and at least two observers “in all stages of the procurement process”.
The law says the two observers must come from a “duly recognized private group in a sector or discipline relevant to the procurement at hand” and a non-government organization.
Orvi Ortega, BAC Goods and Services (BAC-GS) chairman, said they invited the Cebu CFI Cooperative and the Cebu Chamber of Commerce and Industry president to act as observers in the pre-bidding conference last May 8 and the opening of the bids last May 20.
But no one responded.
Levie Estorba, head of the BAC Secretariat, showed attendance sheets of the two meetings showing that no private sector representatives were present.
The BAC will convene for the first time today since it was reorganized last Monday, Ortega said.
The BAC for goods and services and the BAC for infrastructure were merged by an executive order issued by Gov. Hilario Davide III last month.
Both the governor and Ortega said the merger had nothing to do with the controversy involving Black Pearl Security Agency.
“Dugay na man na nasabotan nga i-usa ang duha (The merger has long been decided),” Davide said.
In today’s meeting, the merged BAC will discuss organizational matters including the appointment of a new chairman and the composition of its secretariat.
Davide has given the committee until this week to resolve the stalled bidding process for the Capitol’s security services contract. “As soon as possible gyud unta ni nila-ma-resolve. Kinahanglan na ni dalian.” he added.
Meanwhile, the president of the Cebu Chamber of Commerce admitted receiving invitations from different government offices for them to participate in the procurement process, but they have not been sending representatives.
Ma. Teresita Chan said invitations that they usually receive via facsimile were just filed and put away. She claims that nobody calls to follow-up on the invitations. Chan said she will discuss how the Chamber will respond to such invitations with her fellow officers.
Cebu Daily News tried to get a comment from the Cebu CFI Cooperative, the other group invited by the BAC to act as bid observer, but its general manager was not available to give a statement.