Losing bidder threatens raps vs DepEd exec for inaction

A losing bidder-supplier at the Department of Education (DepEd) has threatened to file charges against the chairman of the agency's Bids and Awards Committee (BAC) for alleged inaction on its complaint.

Supplier Multifocus Corp said it has been more than two months since it wrote to Education Assistant Secretary Jesus Lorenzo Mateo, who is also the chairman of the BAC, to complain about a fellow supplier.

The company claims that Mateo has yet to respond to its letter. Calls made by GMA News Online to Mateo at the office of the Planning Service Field Operations have yet to be returned as of posting time.

The complaint stems from DepEd BAC's Bid Bulletin 2, issued in September, for the mass production, supply and delivery of Math and Science equipment for public schools.

In its letter, Multifocus asked the Bids and Awards Committee to conduct the appropriate verification of the winning supplier's supposed failure to completely deliver or accomplish various projects awarded to it, and, if warranted, suspend or blacklist the company from subsequent DepEd bidding.

Multifocus' letter was dated September 9, and the DepEd-Procurement Management Service received it September 13.

Multifocus claimed that of the 103 projects awarded to the winning supplier from 2010 to 2016, the firm has obtained a "zero accomplishment" in most of the projects.

"In short, by its own declaration, it has miserably failed to deliver or perform in any of those projects," read the letter, adding that a number of the projects was already past the deadline.

Multifocus said former Education Secretary Armin Luistro had already issued a notice of termination of contract last November 5, 2015 but the winning supplier has still been actively participating and bidding in various Deped projects.

"While it is true that until and unless a supplier is blacklisted,it may continue to participate in the bidding of any project of the government," said Diana Go Dy of Multifocus Corp. in the letter.

"However, in a case of a supplier whose contract was terminated on account of a long delay in the delivery resulting in incurring liquidated damages that exceeds 10 percent of the total contract price, its subsequent blacklisting becomes a matter of course," Dy added.

She added: "Otherwise stated, the blacklisting of the supplier is but a natural consequence of the termination of the contract."

Citing provisions under Republic Act 9184 or the Government Procurement Reform Act on the termination of contract and blacklisting, Multifocus said Mateo could face criminal and administrative liability for allowing the winning supplier to participate in the bidding.

“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,” Multifocus cited the law as saying. — Mark Merueñas/BM, GMA News