FOLLOWING the repercussions of the delayed Alno Engineered Sanitary Landfill Project in La Trinidad, Benguet, local legislators are looking to revisit the existing laws that would completely ban abusive contractors.
Councilor Nestor Fongwan Jr., Committee on Natural Resources and Environmental Protection and Solid Waste Management chairperson said the Sangguniang Bayan should already push for stiffer penalties to all contractors who delay government projects within their jurisdiction.
Fongwan added contractor of the Alno cell three, Mark Polo Engineering and Construction, should be meted heavy fines after delaying the project supposedly finished last June.
“Marami ng delayed project dito sa La Trinidad pero the problem which we suffer from in terms of garbage is mainly caused by the contractor that is why we need to act accordingly.” Fongwan told Sun.Star Baguio.
According to Fongwan, the Municipal Engineering Office (MEO) should also be alarmed with its actions allowing the deferment of such LGU projects.
Despite the delay of the completion of the Alno dump rehab, the engineering office is only asking P16,000 fine from the contractor although the municipal council has asked to re-asses the penalty.
“There are existing laws that would reprimand or ban this kind of contractors. The only problem is the engineering themselves are not acting or doing something about it,” he added.
Presently the Department of Public Works and Highways has an existing Department Order (DO) 37, series of 2015 disqualifying contractors with liquidated damages on ongoing DPWH infrastructure projects pursuant to Section 8 of Annex E of Implementing Rules and Regulations of Republic Act 9184, or the Government Procurement Reform Act.
The DO 37 states that contractors facing either: (a) delayed completion of work exceeding to ten percent (10%) of specified contract time; or (b) total sum of liquidated damages from delayed project exceeding to ten percent (10 percent) of the total sum of the contract price, shall be disqualified to join in future DPWH projects.
DPWH Bids and Awards Committee (BAC) on the other hand shall strictly enforce the said DO, or face penalties prescribed for violation of reasonable office rules and regulations in Section 52, C(3) of Civil Service Resolution 991936 known as the “Uniform Rules on Administrative Cases in the Civil Service”.
As of July 15, the Alno cell 3 dump is already 63.55 percent complete, as scraping of the landfill is currently ongoing.
The project which started sometime in February is said to be completed late this November.