BAC composition-A A +A
Tuesday, June 17, 2014
AFTER the scuttled bidding for the security provider at the Capitol, Gov. Hilario “Junjun” Davide III issued an executive order combining the provincial bids and awards committee (BAC) goods and services and BAC infrastructure.
The governor appointed provincial legal officer Orvi Ortega, provincial administrator Mark Tolentino, provincial assessor Alma Sibonga, provincial engineer Hector Jamora and provincial general services officer-in-charge Jone Seigfred Sepe to compose the new BAC.
The new BAC has yet to elect its chairman and will now handle the re-bidding for Capitol’s security provider. Which means that Ortega and Sepe, who were responsible for the earlier scuttled bidding, are still there. They were not fired by the governor, and did not resign out of delicadeza. But they painted a bad image of Davide’s anti-corruption drive.
That some people made money from the hasty takeover last June 1 by Black Pearl Security Agency of the task of securing Capitol and its other facilities even without a contract has been the talk there.
But wait. I read the Local Government Code of the Philippines (LGC) and “bumped” into a provision that stipulates the composition of the BAC. Let me quote this so ordinary readers will fully understand.
“SEC. 37. Local Prequalification, Bids and Awards Committee (Local PBAC). (a) There is hereby created a local prequalification, bids and awards committee in every province, city, and municipality, which shall be primarily responsible for the conduct of prequalification of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. The governor or the city or municipal mayor shall act as the chairman with the following as members:
“(1) The chairman of the appropriations committee of the sanggunian concerned;
“(2) A representative of the minority party in the sanggunian concerned, if any, or if there be none, one (1) chosen by said sanggunian from among its members;
“(3) The local treasurer;
“(4) Two (2) representatives of nongovernment organizations that are represented in the local development council concerned, to be chosen by the organizations themselves; and
“(5) Any practicing certified public accountant from the private sector, to be designated by the local chapter of the Philippine Institute of Certified Public Accountants, if any.
“Representatives of the Commission on Audit shall observe the proceedings of such committee and shall certify that the rules and procedures for prequalification, bids and awards have been complied with.
“(b) The agenda and other information relevant to the meetings of such committee shall be deliberated upon by the committee at least one (1) week before the holding of such meetings.
“(c) All meetings of the committee shall be held in the provincial capitol or the city or municipal hall. The minutes of such meetings of the committee and any decision made therein shall be duly recorded, posted at a prominent place in the provincial capitol or the city or municipal hall, and delivered by the most expedient means to elective local officials concerned.”
So how come Davide appointed other personalities not mentioned in this provision? Does his EO supersede this provision of the LGC which is the bible of local governance?
Where are the representatives of the private sector to make the biddings more transparent?
Puro ra man ni mga suod sa gobernador. Unya gibuko-buko pa gyod siya.
Published in the Sun.Star Cebu newspaper on June 18, 2014.