By PAT SAMONTE, Caraga Regional Editor
BUTUAN City -- J. D. Legaspi Construction won the bidding for the construction of the P252.939,664.26 Butuan City Polysports Complex in Barangay Tiniwisan with an expired Mayor’s Permit.
In their Technical Evaluation Report for the Construction of Butuan City Polysports Complex dated August 18, 2014, auditors from the Commission on Audit disclosed in a Summary of Findings and Observations that the Mayor’s Permit submitted by J. D. Legaspi Construction had already expired on December 31, 2012, while the bid opening was conducted on January 16, 2013.
They said the attention of the Bids and Awards Committee should be invited to Section 30.1 of the Revised Implementing Rules and Regulation of Republic Act 9184 which provides, to wit:
“Sec. 30. Preliminary Examination of Bids.
30.1. The BAC shall open the first bid envelope (Technical Proposals) of eligible bidders in public to determine each bidder’s compliance with the documents required to be submitted for the first component of the bid, as prescribed in the IRR-A. For this purpose, the BAC shall check the submitted documents of each bidder against a checklist of required documents to ascertain if they are all present in the first bid envelope, using a non-discretionary “pass/fail” criteria, as stated in the Invitation to Apply for Eligibility and to Bid and Instructions to Bidders. If a bidder submits the required document, it shall be rated “passed” for that particular requirement. In this regard, failure to submit a requirement, or an incomplete or patently insufficient submission, shall be considered “failed” for the particular requirement concerned. In case one or more of the required documents in the first envelope of a particular bid is missing, incomplete or patently insufficient, the BAC shall rate the bid concerned as “failed” and immediately return to the bidder concerned. Otherwise, the BAC shall rate the said first bid envelope as “passed”.”
The COA auditors also noted that the Bids and Awards Committee required the following documents as additional eligibility requirement in violation to Section 23.1 of the Revised IRR of RA 9184, saying the additional documents should have been part of the post=qualification requirement as provided under Section 34.2 of the IRR:
1) ISO Certification: The submitted certification of the contractor (J.D. Legaspi) indicates that Design and Development are excluded. Hence, the ISO certification of the bidder did not meet the requirement of the agency for the project (design and build) pursuant to SP Ordinance No. 003-2012;
2) DPWH Materials Testing Laboratory Accreditation: No certificate of accreditation from the concerned agency, instead an oath of undertaking which is a self-serving document was submitted, in violation to the agency’s rules requiring this document to be part of the eligibility requirement of the bidder for projects with ABC of P50 million and above pursuant to SP Ordinance No. 003-2012;
3) DOLE Accredited Equipment Certificate of Inspection: No Equipment Certificate of Inspection from the concerned agency, instead an oath of undertaking which is a self-serving document, was submitted, in violation to the agency’s rules requiring this document to be part of the eligibility requirement of the bidder for projects with ABC of P50 million and above pursuant to SP Ordinance No. 003-2012;
4) TESDA Certification of Operators: No Certification of Operators from the concerned agency. Instead, an oath of undertaking which is a self-serving document was submitted in violation of the agency’s rules;
5) The engineers who prepared the Program of Works (POW) were not among the personnel submitted by winning bidder/design & build contractor as part of the technical documents. As such, qualification of these personnel were not verified whether or not they met the qualification requirement of the agency and does not conform to Section 25.2.b.III.2 of the Revised Implementing Rules and Regulations of R.A. 9184.
The COA auditors further found out that:
1) The ABC submitted by the agency has a breakdown of the Direct and Indirect Cost, of which the percentage of the latter exceeded what was provided under DPWH Department Order No. 72, Series of 2012. The IRR of RA 9184 provides the ABC for this type of project shall only be in lumpsum.
2) Evaluation of Cost: The price proposal of the winning bidder included Bonds & Insurance, Power & Water Consumption, Telephone & Internet Expenses and Office Equipment. amounting to P2,188,304.16. These expenses are already part of Indirect Cost as provided under DPWH Department Order No. 72, Series of 2012 and to include these expenses as part of the pay item will constitute double costing of the project. Thus, the same amount should be deducted from the contract cost or be applied to the project through additional work; and
3) The derivation of quantity: The quantity of backfill materials included the quantity of concrete (columns footing), thus, the total volume for backfill was overstated by 1,509.59 cubic meters with equivalent cost of P1,040,152.80. Said amount should be deducted from the contract cost or be applied to the project through additional work.
The evaluation report was prepared by State Auditor I Celsa V.
Salang, ST1 Roland G. Milan, and Supervising TAS Dante M. Jabutay,, reviewed by Chief TAS Junrey Labatos and approved by State Auditor V and Service Chief Celso U. Reyes
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