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TRANSPARENCY

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TRANSPARENCY

Post by DefCon on Wed Feb 18, 2009 1:00 pm

TRANSPARENCY:
Sad to say, the MAIN focus of RA 9184 and its IRRs is to CURB corruption in procurement. You will note that it tries to cover all possible avenues where opportunities for corruption may exist. It cannot do that and still be a tool for an efficient procurement system. The procurement law and its IRRs have become a complex maze of processes and documents, and yet, you still hear of BAC members being investigated, of cases being filed, of bribery and pay-offs. This is simply because the more so-called safeguards are placed into the system, the more the system becomes bureaucratic and open to irregularities as there are more avenues where corruption can take place. Alternatively, RA9184 should focus instead on the conduct of an efficient and effective procurement process. I will delve on this in my future posts.

OBSERVERS: While I do not wish to generalize, the problem with observers is that they are not always available, or the representatives sent are not really well versed with the system. Hence, while physically present SOME are not in a position to comment, much less make a distinction, on the proper time to make a comment. OBSERVERS also do not have enough incentives to act as vanguards of the process.

RECOMMENDATION:
The most effective observers are the bidders themselves because they want to safeguard their bids. A very simple measure that can be instituted in PUBLIC BIDDING procedures is for the GPPB TO EXPRESSLY ALLOW the bidders themselves, and any other interested parties, TO COVER THE BIDDING PROCEDURES USING THEIR OWN VIDEO CAMERAS.
VIDEO FOOTAGES – or the FEAR ITSELF THAT VIDEOS ARE BEING TAKEN -- serve as very compelling reasons why the BAC and the proceedings will be ORDERLY and CORRUPTION FREE. BAC members will refrain from illegal acts for fear of being captured on video. Bidders will be afraid of submitting incomplete, irregular documents (allowed with collusion of BAC members) because these can be subject to the scrutiny of the other bidders. TRY THIS. IT WORKS.

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Re: TRANSPARENCY

Post by engrjhez® on Wed Feb 18, 2009 10:08 pm

True or not, only people outside the Government can put a fearless forecast like that in this website. Although corruption is a reality, it is unfair to generalize the bureaucracy. You may have a very good suggestion that bidders themselves can safeguard their bids, but there are also bidders that form groups by themselves to break the very essence of transparency.

While at first glance, taking videos seems to be virtually working in favor of the bidders, the same video may put BAC members into unnecessary blackmails. It would be very awkward to put the buyer under fire - yes, the buyer [government]. No businessman would say "I got you watched until you find your store to buy...". Bidders transact to the government because they need the government to buy from them - not to dictate the rules. In the end, "the buyer is always right".

I believe if this idea should really work, it must have crossed the thinkings of the authors of RA 9184 at some point and it must have been part of the IRR if thought effective. But it's not. Good governance must come from within, not from the outside.
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Re: TRANSPARENCY

Post by DefCon on Thu Feb 19, 2009 10:22 pm

Thank you very kindly for your remarks. I wish however to emphasize a few things.
a. The Government Procurement Law is supposed to guide the actuations of everybody involved in the procurement. as often said, NOBODY IS ABOVE THE LAW -- even if you are the buyer and you are also therefore Government.
b. The video footage CANNOT LIE. This benefits the buyer (also may be the BAC), and the seller (supplier). Imagine how many protests, motions for recons, etc, can be prevented or settled very easily upon a simple review of the proceedings.
c. The law does NOT prohibit recordings of the proceedings of the BAC. In fact, minutes of the bid activites are supposed to be provided to the bidders upon request. Here lies some problems... Often, minutes ARE NOT AVAILABLE... or that these are no longer actual transcriptions of the actual events. Unlike recordings -- audio or video -- which can portray the actual proceedings.
d. The BAC need NOT fear any BLACKMAIL -- For as long as he has nothing to hide. If he does his duty, and implements the proceedings as prescribed, FEAR NOT. The law will back you up. Of course, the BAC will also have to officially cover the proceeding with its video.
e. VIDEOS would not allow the suppliers to "dictate the rules"!!! The LAW RA 9184 and its IRRs prescribed the law. Buyers and sellers have to follow.
f. PUBLIC BIDDINGS are supposed to be open to the public and honest competition.
g. GPPB has to EXPRESSLY ALLOW bidders to videotape, and REQUIRE THE BAC to OFFICIALLY RECORD THE PROCEEDINGS ON VIDEO.

Dear Readers, the concept is nothing new. The term WATCHDOGs are meant to do just that. With technology, EVERYBODY CAN AND SHOULD BECOME WATCHDOGS. There will only be ONE WINNER for every item placed on bid. All the other would be either disqualified or offer higher costs. We should not allow suppliers (sore losers) to derail and delay badly needed procurements with unsubstantiated Motions for Recons and protests, and TROs, and what have they, -- nor should we allow UNSCRUPULOUS PROCUREMENT OFFICIALS TO BENEFIT AT THE EXPENSE OF PUBLIC COFFERS.

I think its time FOR GPPB TO WALK THE TALK.

My humble opinion only...

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Re: TRANSPARENCY

Post by engrjhez® on Fri Feb 20, 2009 11:43 pm

I must say you have a lot of good and strong points. I cannot debate further as to correctness because what you have mentioned is true and you hold on that truth. But "in the same way a gun could protect the people from criminals, it is sometimes the same gun violators use to commit a crime". I could only agree to your intentions.

Ahh... good governance. I share with your vision, honestly... Very Happy
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Re: TRANSPARENCY

Post by shobe on Thu Mar 19, 2009 5:33 pm

Dear DefCon:


Allow me to share some of my insights regarding your post:

I think some may agree with me that the GPRA is one of the most perfect procurement laws in the world. Not only is it a result of a culmination of good procurement rules/practices from other countries, but i remember one article where no less than the World Bank has praised it for being one of the best in the world.

PROBLEM: Implementation.
SUGGESTED SOLUTION: CHANGE. MORAL RECOVERY.

But of course that's another thing.

As regards your suggestion for the GPPB to EXPRESSLY allow bidders to videotape, and REQUIRE the BAC to officially record the proceedings on video -- there's clearly no prohibition, thus procuring entities and bidders are free to do such. A public bidding is in itself a public proceeding, i don't see the need to make the video recording mandatory nor for a categorical statement/resolution from the GPPB to make it effective. Likewise, (it is my humble opinion) that the GPPB should not make it mandatory...after all, not all procuring entities will be able to afford a video recorder.
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Re: TRANSPARENCY

Post by engrjhez® on Wed Mar 25, 2009 1:33 pm

shobe wrote:
PROBLEM: Implementation.
SUGGESTED SOLUTION: CHANGE. MORAL RECOVERY.
Change. Moral Recovery... and Political Will!

I think people will follow a good leader. No matter how painstakingly we cover all proceedings, the "great escape artists" will always find their way out. A few good people I knew were left behind because of their good deeds. More often than not, good people have no place on subverted governance. However, good leadership will always tend to influence all downlines in the chain of command.

Lastly, as pointed out by Atty Shobe, the GPRA was already cited as one of the world's best in systems of procurement. We can only adhere to the system. Let us (individually) make our stand not to depart from it. Very Happy
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Re: TRANSPARENCY

Post by msm326 on Wed Jun 03, 2009 10:15 am

all of you have good points ....perhaps sometimes there is the political pressure but thanks to ra 9184 that we as implementors can always remind our lces to adhere on the provisions to avoid hassles....

good luck to all of us ......


Last edited by dlsn on Fri Jun 05, 2009 10:32 am; edited 1 time in total (Reason for editing : Unnecessary use of capital letters)
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Re: TRANSPARENCY

Post by girl_25 on Mon Jul 23, 2012 8:57 pm

1. Is it possible for a bidder to request for a document submitted by other bidders due to discrimatory acts of the BAC?

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Re: TRANSPARENCY

Post by engrjhez® on Mon Jul 23, 2012 11:03 pm

girl_25 wrote:1. Is it possible for a bidder to request for a document submitted by other bidders due to discrimatory acts of the BAC?

Generally, no. Under the IRR:

Section 29. Bid Opening
The BAC shall open the bids at the time, date, and place specified in the Bidding Documents. The bidders or their duly authorized representatives may attend the opening of bids. The BAC shall adopt a procedure for ensuring the integrity, security, and confidentiality of all submitted bids. The minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee to recover cost of materials
.
(underscoring mine)

But if the BAC determines a way to ensure the underlined is not compromised, then it may be possible. Smile

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Re: TRANSPARENCY

Post by merciful on Fri Sep 26, 2014 11:33 am

hello im newbie here meron po ba tayo action if during bidding magsabi ang isa s officer ng BAC s isang bidders n (i believe na kaibigan nya)mahal... at nakatingin sya sa isang bidder n friend nya hawak ang bid price ko. sa sobra excitement nya sinabi na nya na mahal ang bid price ko (dahil alam nya na kami ang mahigpit n kalaban s bidding ng friend nya) tnx po in advance sa mga mag re reply

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Re: TRANSPARENCY

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