THE proposed live streaming of all public bidding processes of the projects undertaken in the Cebu City Bids and Awards Committee (BAC) contradicts the new government procurement law, according to the City Legal Office (CLO).
In a letter dated Aug. 12, 2024, and submitted to the City Council on Aug. 28, CLO officer-in-charge Santiago Ortiz Jr. recommended that the proponent of the proposed measure, Councilor Rey Gealon, harmonize the provisions with the Republic Act (RA) 12009, or the New Government Procurement Act of 2024.
Ortiz said in the letter that Section 38 of RA 12009 provides a mandatory video recording of all procurement-related conferences for competitive bidding for procurement of goods above P10 million; infrastructure projects above P20 million; and consulting services above P5 million, and it must be stored for not less than five years and can be made public upon request and payment of fee.
However, under the same section, the procuring entity is mandated to “livestream the preliminary examination and the opening of the bids to the public on its website, social media account, or any other form of live streaming services.”
On July 20, 2024, President Ferdinand Marcos Jr. signed Senate Bill 2593, RA 12009, the New Government Procurement Act, amending RA 9184 by streamlining the procurement process from three months to 60 days.
It also includes 11 new modalities of procurement that provide flexibility to government agencies in choosing the best bids, such as the “most economically advantageous responsive bid” concept.
Under the proposed ordinance, the bidding process, referring to all pre-procurement conferences conducted by the BAC of the Cebu City Government, must be streamed live over the internet through the City’s social media platforms such as YouTube and Facebook and on its official website, for the audience to watch and listen in real-time.
Re-submission
With Cebu City Mayor Michael Rama’s six-month preventive suspension since May 10, 2024, Gealon took the opportunity and re-submitted to the council the proposed measure.
On June 5, the council sought the CLO’s comment and recommendations on the Gealon’s ordinance.
This was amid the controversies behind the procurement process of all goods and services during the preparations of the Palarong Pambansa 2024.
On Sept. 5, 2023, Rama vetoed the measure, which the City Council had approved last Aug. 16, as it violates the Data Privacy Act of 2012 and is prejudicial to the potential bidders.
It also supersedes the implementing rules and regulations (IRR) of RA 9184 of the Government Procurement Reform Act of 2003 and compromises the general welfare clause provided under the Local Government Code.
Gealon and the rest of the council approved the measure in the spirit of “transparency and accountability.”
The proposed ordinance covers all modes of procurement recognized under the Government Procurement Reform Act, including emergency procurement and other alternative modes. It also covers the procurement of goods, infrastructure projects, and even consulting services.
In Cebu, several government agencies have already observed live streaming of bidding processes on their social media platforms, such as the Cebu Port Authority and the various District Engineering Offices of the Department of Public Works and Highways.