A group of contractors in Bacolod City have requested the Bids and Awards Committee to stick to the minimum requirements provided by R.A. 9184 and to extend the bidding for the sanitary landfill project of the city government to allow more bidders to join.

Engineer Orlando Sorbito, representative of M.G. Salazar, yesterday said they are not against the sanitary landfill project but they are against the procurement process since they believe there were some irregularities, during a press conference facilitated by the Negros Occidental Group of Contractors Inc.

He cited for example that in order to join the bidding, the BAC has required them a minimum of seven years experience in landfill and that they should have constructed and designed two landfills in operation.

Sorbito, however, said R.A. 9184 or the Government Procurement Reform Act provides that a prospective bidder should have at least one contract of 50 percent of the approved budget for the contract (ABC) within a period of 10 years.

He said their company has been in existence for more than 20 years. Although they have not constructed or designed two landfills but they have similar projects, he added.

BAC chairman Goldwyn Nifras said R.A. 9184 requires contactors to have track records.

During the first bidding, which was a failure, their requirement was 10 years of experience but upon review of the Solid Waste Management Committee, they decided to reduce the requirement to seven years, he said.

M.G. Salazar only joined the rebidding but did not join the first bidding, he added.

Sorbito said BAC also requires that a contractor should be category AAA but the law ensures that they all be given a fair share to participate in the public bidding.

Nifras said it is a regular requirement of corporations depending on the amount of the project. If they are not qualified they complain that they are being discouraged but that is not the intention since their intention is to get a bidder who is truly qualified, he said.

Sorbito said they are also questioning the protest fee of 3 percent of the ABC (P33 million) of the project which is about P390,000, which he considers exorbitant.

The implementing guidelines of RA 9184 requires no less than 1 percent of the ABC, he said.

Nifras said the protest fee is not to discourage legitimate protest but will discourage unmeritorious and nuisance protest. Even the law provides for that so as not to hamper public infrastructure projects of government, he said.

Sorbito said they are appealing to the BAC to act on their concerns. He said that during the pre-bid conference they brought up certain issues but everytime they brought up the issue on eligibility, Nifras answered that it will be “noted.”

They want to have it resolved because it is an important issue but until now the BAC has not released the bid supplement, Sorbito said.

Nifras said he tried to explain to them but they keep on raising the same question again. “We told them that we cannot debate with them because we have answered them already but obviously they are not satisfied,” he said.

Nifras said he noted their questions and assured them that it will be taken up in case they will have an opportunity to review the terms and condition. But they could not change the requirements right there and then just because the contractors do not conform to them, he said.

They are not also obligated to come up with a supplemental bid bulletin, Nifras said.

Sorbito said the second bidding is scheduled on Dec. 2 since the first was declared a failure because no one met the requirements according to the BAC chairman.

He said the NOGCI might call for a meeting and might even consider filing a case.*CGS

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