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A call to reform the procurement reform law

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A call to reform the procurement reform law

Post by dlsn on Wed Oct 21, 2009 11:05 am

This link directs you to an interesting column that was recently posted at the inquirer.net. The writer points out what he thinks are some of the many flaws of RA 9184, and provides examples why the law fails to ensure a cost-effective government procurement.

Are the writer's concerns valid and real, or are they borne from misunderstanding or lack of understanding of the procurement law? Your comments and thoughts, whether for or against, on the column please.
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Re: A call to reform the procurement reform law

Post by engrjhez® on Wed Oct 21, 2009 1:59 pm

dlsn wrote:This link directs you to an interesting column that was recently posted at the inquirer.net. The writer points out what he thinks are some of the many flaws of RA 9184, and provides examples why the law fails to ensure a cost-effective government procurement.

Are the writer's concerns valid and real, or are they borne from misunderstanding or lack of understanding of the procurement law? Your comments and thoughts, whether for or against, on the column please.

The way the story is written, it is clear that he has "a little" knowledge of the Procurement Law. I would not contest or deprive him of the accusations because it is his "opinion" - nothing more, nothing less.

I have to agree on him on one thing. It is the implementation and enforcement that is lacking to make the system truly beneficial. Expertise on GPRA takes time, and the practice really have to be 'polished' and filtered so that a single flaw would be debatable. But above all, the arch-enemy of GPRA is POLITICAL WILL.

In the author's example on COMELEC procurement, it is clear that he was looking on a side where long term benefits more than the first cost. The expense of P5-billion for him is too much. But how about consider double of this amount lost if we have elected a 'bad leader'? Imagine P5-billion being a 'bond' to ensure no bribery and harassment will intervene the outcome of the elections. He was also claiming that transparency and credibility of elections are compromised with the automation - i beg to disagree. If only the author had a clear understanding of both GPRA and computer systems, and had great faith in good governance, he would understand how simple and efficient poll automation can be. But again, we have to see for ouselves.

He pointed out the flaw on Section 32 (Bid Evaluation for Procurement of Goods and Infrastructures) but he failed to read Section 34 (Post Qualification). The pass-fail criteria is justifiable enough because it is logical that before we scrutinize the papers, the set of papers must first be complete. The veracity and authenticity of the papers shall be checked later on in the post qual, so why bother checking it at the start? He suddenly jumps over to Section 36 where he skipped an important provision in Sec.35 (Failure of Bidding). I believe single calculated responsive bidder is worthy enough to be awarded at any case because the bidder has to pass every stage of evaluation up to post qualification to be responsive. It does not follow that if there exists a single bidder, they automatically be subject to award - no they are not!

It just so happened that the amount involved in poll automation is sky high as compared with other procurements. But lastly, the author forgot to mentioned that the government saved half the cost from the ABC of P10-billion initially allocated for the project. Very Happy
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