DepEd bids committee accused of inaction on supplier’s complaint
A supplier at the Department of Education (DepEd) who claimed to have lost P1.5 billion in various contracts has accused its Bids and Awards Committee for alleged inaction on its complaint related to the delivery of over 3,000 Mathematics and Science package equipment for Grades 11 and 12.
Supplier Multifocus Corp., in a letter addressed to Assistant Secretary Jesus Mateo, who is also the chairman of the Bids and Awards Committee of DepEd, questioned the committee’s inaction on its complaint to censure a fellow supplier.
“Upon termination of the contract on account of the supplier’s default in the performance of its obligations, the Head of the Procuring Entity shall immediately issue a Blacklisting Order disqualifying the erring contractor from participating in the bidding of all government projects,” said Multifocus in a letter to Mateo.
Diana Go Dy of Multifocus Corp. asked Mateo “to verify the non-performance and adopt necessary action against a supplier for the sake of other participating bidders and higher interests of the government procuring system.”
Multifocus noted that a fellow supplier managed to secure 103 projects from DepEd from 2010 to 2016 and secure an advance payment of over P200 million but with zero accomplishments.
Atty. Consuelo Cruz, counsel for Nikka Trading, warned that there is corresponding criminal and administrative liability for government officials allowing erring contractors to continue to participate in public bidding.
Cruz cited provisions of the law on termination of contract and blacklisting provided for in RA 9184 or the Government Procurement Reform Act.
“Upon termination of the contract on account of the supplier’s default in the performance of its obligations, the Head of the Procuring Entity shall immediately issue a Blacklisting Order disqualifying the erring contractor from participating in the bidding of all government projects,” said Cruz in her letter to Mateo.
She added that non-observance of which may render the head of the procuring entity criminally and administratively liable for dereliction of duty.
The complaint stemmed from the Bid Bulletin 2 of DepEd BAC last September 2016 for the mass production, supply and delivery of Math and Science equipment for public schools.
“For all legal intents and purposes, supplier is deemed ineligible to participate in any public bidding of the government even without the benefit of being actually blacklisted. The mere termination of its contract resulting from its default warrants its disqualification to further participate in any public bidding,” said Cruz.
