VICE Mayor Alvin Fernandez still insists that a re-bidding be conducted on the Magsaysay Park project to clear all questions surrounding the earlier bidding and erase all doubts over the legality and qualification of the winning bidder.

He made the call anew in his website posted on Friday even if the resolution giving authority to Mayor Benjamin Lim was already passed by the Sangguniang Panlungsod in its special session last December 19, 2006 on a vote of eight affirmatives and three against.

In making the call, Fernandez stressed that the rule of law must be observed with the city’s leaders serving as examples following the policies laid down by the government.

“The recent bidding of the Magsaysay Park has been a challenge to the elected officials of the city. In pursuit of equality and proper implementation of the law, there was a division in the Sangguniang Panlungsod on how to deal with the Magsaysay Park bidding to show transparency and accountability,” he said.

Fernandez maintained that the Regional Development Council (RDC) requirement prior to the bidding was not followed as the purported RDC resolution presented was issued only by the secretariat of the RDC Executive Committee on November 28, 2006, which was after the bidding was undertaken and a winning bidder was already proclaimed.

Three bidders responded to the published invitation to bid for the Magsaysay Park Development, including Gamma Construction, JM Feliciano Construction and S&F Realty in joint venture with LXS Construction. Gamma was disqualified.

GUIDELINES

In the case of Gamma, he underscored a guideline made by the Special Bids and Awards Committee indicating that “all proponents found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil and criminal sanctions.”

The guidelines clearly specified that conflict of interest occurs when a proponent has controlling shareholders in common with another proponent; and a proponent has the same legal representative as that of another proponent for the purposes of the bid.

Fernandez also noted the following:

1. JM Feliciano Construction did not meet the technical bid requirement and was therefore eliminated. The S&F joint venture with LXS Construction was the only bidder left.

2. On June 14, 2006, JM Feliciano Construction, in order to comply with the bid requirement, got a credit line of P8 million from a Dagupan bank.

3. S &F Realty and LXS Construction formed a new juridical personality Metrostate Realty Corporation on September 14, 2006. It was later registered at the SEC on September 15, 2006.

4. On November 7, the final bid envelope containing the financial proposal was opened.

5. On November 20, 2006, the Special Bids and Awards Committee submitted to the Sanggunian the deed of undertaking of S&F and LXS transferring their duties and obligations to Metrostate Realty Corporation which was not notarized at the time.

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