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Binay Not Corrupt as per Procurement Law RA 9184 Analysis

welcome By: Elena Grace Flores

It is easy to accuse politicians with corruption charges but it is impossible to prove it such as the Overpricing allegations to V.P. Jejomar Binay when he was major of Makati and now to Junjun Binay who is the incumbent mayor.

Number of Bidders
It is not stated in RA 9184 Procurement law the limit on the number of bidders per project. All bidders for government projects are posted in PHILGEPS – which will last for 7 days. Even if there’s only one bidder, the bidding will still push through. If that only one bidder will qualify in the financial and technical aspects of the government requirements then, the project will be awarded to such bidder.

What is PHIlGEPS?
According to COST Philippines ;Procurement is commonly defined as the acquisition of appropriate goods and/or services at the best possible price to meet the needs of the purchaser in terms of quality and quantity, time and location. The procurement process formally starts from the point where the need to make a purchase to deliver an objective has been identified, and its process ends when the product has been used up or sold, or the service contract has been delivered completely and the supplier or contractor is paid in full.

Procurement details are posted here for transparency:

Government Procesure on Biddings
As per RA 9184 this step by step must be followed to accomplish the certification of compliance for the winning bidder: 1. Preprocurement conference. 2. Posting of bidding documents to PHILGEPS, newspaper of nationwide circulation, website ng lgu, and 3 conspicuos places. 3. Pre-bid conference. 4. Opening of bids. 5. Bid evaluation 6. Post qualification. 7. Awarding of contracts 8. Contract signing 9. Implementation.

Note: in every stage of procurement process there are 3 observers, one from COA, another from an NGO and one from the group that is knowledgeable on the nature if procurement so for Infrastructure representation for example, representatives from the Engineers Association and PICE will do.

Only 10% SOP allowed: Advertised Makati Building Costs are Exaggerated
Anomalies in a government project can be rooted from the allowable 10% margin by COA – but the publicized values of the questionable Makati buildings are beyond the 10% add on as a safety measure. So, there’s a big chance that the amounts flashed via Tri-media have no basis. If the technical specifications are not followed to be able to pocket the allowed budget, then it’s now the engineering department that can be questioned for that – not the mayor.

How to Properly Check Anomaly in a Makati Building?
A mere comparison of the total project cost will not hold a chance to discredit a mayor. The detailed engineering design must be scrutinized. If the specification is not followed, perhaps there’s a bit of anomaly but if just comparing one building to the other, it will not prove anything. However, engineers and architects will be against altered specifications because if their project is sub-standard, their license is at stake. All they do is follow the government guidelines as issued by government agencies like DPWH. Whoever wanted to lower the budget of a project, they can do so by convincing COA to lower the 10% SOP allowance. DPWH can also minimize indirect costs. POW can monitor volume discounts on materials. So Private and Public Projects will not be comparable to each other. Even one public building is not comparable to another public building because each project is unique due to factors like land quality, real estate rate based on location and many more aspects of the project.

Those who have questions on overpricing in any of the Makati buildings, they can channel their inquiries to the Commission on Audit. There are many technicalities involved in such projects – that is why, Binay detractors choose this kind of allegations to influence the public on their accusations. No one will thoroughly check on this until now! So, the Binays are innocent and Manny Pacquiao knows that – that’s why he is running as Senator alongside UNA’s presidential candidate: Vice President Jejomar Binay.

Source: Elmer Delantar

Other Important Events Here are the links to the full transcriptions and video of July 7, 2015 Binay Senate Probe: Part 1: Senate Probe Media Favors Binay Anew – July 7, 2015 Part 2: Trillanes’s Accusations are Opposite from the Witnesses’ – Part 2 July 15, 2015 Binay Senate Probe

2 thoughts on “Binay Not Corrupt as per Procurement Law RA 9184 Analysis

  1. Right. If VP BINAY is corrupt, then everyone is corrupt. The question here is how much was the take compared to the rest? This is merely granting without admitting. The Court will have the final say, and no one else.

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