Gibo denies delaying purchase of rubber boats
by Aries Rufo, abs-cbnNEWS.com/Newsbreak | 10/13/2009 8:37 PM
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MANILA - The Department of National Defense (DND) denied on Tuesday that Defense Secretary Gilberto Teodoro Jr. was the cause of the delay in the procurement of rigid-hull inflatable boats (RHIBs), which could have been used to save lives at the height of tropical storm Ondoy.
But DND insiders insisted to abs-cbnNEWS.com/Newsbreak that the RHIBs would have been procured already--and probably could have been used during Ondoy’s onslaught--had Teodoro agreed on a negotiated procurement early on, instead of coursing it through a regular bidding.
A week after Ondoy lashed and submerged large parts of Metro Manila, the DND agreed to procure the rescue boats through a negotiated procurement.
In a statement, the DND stressed that Teodoro approved the purchase of the RHIBs on March 6 as recommended by Undersecretary for Legal Affairs and Strategic Concerns Nelson Victorino.
“There is no basis for the allegation that Secretary Teodoro delayed the procurement of the RHIBs,” the statement, quoting DND Undersecretary Alberto Valenzuela, said.
Immediate purchase proposed
Abs-cbnnews.com/Newsbreak reported on Monday that the Office of the Civil Defense (OCD), which is under the DND, had pushed for the immediate purchase of rescue boats early this year as a mitigation measure for the expected flooding and flash floods. (Read: Gibo delayed purchase of rubber boats)
Instead of a regular public bidding, the OCD batted for a negotiated procurement or direct contracting, citing the immediacy of replenishing the depleted stock of rubber boats of the OCD and the numerous requests of local government units (LGUs).
Negotiated procurement and direct contracting are alternative modes of procurement under Republic Act 9184 or the Procurement Law.
To support its position, the OCD cited Sec. 53 (b) of the Procurement Law, which states that a negotiated procurement can be resorted to “in case of imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property……”
Teodoro pushes for public bidding
But while he gave the go-signal for the procurement of RHIBs, Teodoro, who also chairs the National Disaster Coordinating Council, wanted a public bidding be held instead.
He indicated this in the March 4 memorandum of Victorino that endorsed the OCD request for a negotiated procurement of RHIBs. “If bidding cannot be expeditiously done, why can we not bid and have delivery within 4 months,” Teodoro’s marginal note said.
In a March 6 memorandum to OCD Administrator Glenn Rabonza, Victorino specifically referred to Teodoro’s handwritten note on the purchase of RHIBs.
A source from the OCD said this resulted in “confusion” as to what Teodoro really wanted as far as procuring the RHIBs.
Negotiated procurement in 3 months
Based on experience, DND sources said a regular bidding takes 8 months, which would have rendered the delivery of the rescue boats already late for the monsoon rains.
A negotiated procurement, on the other hand, would only take about 3 months, from the time the bid is announced until the delivery of the equipment. Had the bidding been held in March 2009, the delivery of the rubber boats would have been made by June or August, or before Ondoy and tropical depression Pepeng struck.
Contrary to the impression of many, a negotiated procurement also involves competitive bidding, although the bidders are short-listed ahead of time to facilitate the process.
Considering the emergency nature of the project, the Bids and Awards Committee (BAC) of the OCD also pushed for an alternative method of procuring the RHIBs as “said items are exceptionally urgent and necessary in the nature for this Office to effectively respond to disaster management requirements.”
Quick delivery even thru public bidding
The OCD source, who is privy to the project, said Rabonza clarified the matter to DND officials, and it was Rabonza’s impression that Teodoro wanted a public bidding.
In the DND statement, it said the OCD decided to recommend the procurement of 100 units of RHIBs through public bidding.
“Teodoro gave his approval on the strength of the OCD’s representation that the RHIBs could be delivered in 4-6 months even through public bidding,” Valenzuela said.
As such, since public bidding was resorted to, the procurement process for the RHIBs was inevitably delayed due to red tape, the OCD official said.
Last week, as dozens of people drowned following Ondoy’s record downpour, the DND finally decided on a negotiated procurement.
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