Only SC can stop P711B UN Ave. project
Anti-graft crusader Crisologo Saavedra has formally requested the Department of Public Works and Highways (DPWH) to cancel the awarding of contract of the P711 million tri-level pass at the intersection of UN Avenue (Marcelo B. Fernan Bridge) and Plaridel Street in Mandaue City to B.M. Marketing of Leyte because of violation of the bidding procedure.
In a letter dated March 5, 2018 addressed to DPWH-7 Director Ador Canlas, Saavedra said if the project is implemented, it will worsen traffic problem and a wastage of taxpayers money for not complying with the guidelines for the procurement and implementation of contracts for design and build projects as provided for under Republic Act 9184, otherwise known as the Government Procurement Reform Act.
But lawyer Jerone Castillo, chairperson of the newly created special task force under DPWH-7, said only a temporary restraining order from the Supreme Court can cause the stoppage of the project.
Aside from Saavedra, Kenneth Cobonpue, chairman of the Regional Development Council-7, earlier expressed that he wants the project deferred because it reportedly did not go through a public consultation.
“There are no proper grounds to terminate the contract of the project. Everything is in order. The project has been funded under General Appropriations Act of 2016 and 2017 for a total of P946 million,” Castillo told reporters.
He cited Republic Act No. 8975 or the law to ensure the expeditious implementation and completion of government infrastructure projects by prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions or preliminary mandatory injunctions, providing penalties for violations thereof, and for other purposes.
Among the violations Saavedra cited in his letter is the lack of traffic management plan which fall under the required preliminary investigations.
Section 7 of Annex G of the Revised Implementing Rules and Regulations of RA 9184 provides that no bidding and award of design and build contracts shall be made unless the required preliminary design and construction studies have been sufficiently carried out and duly approved by the Head of the Procuring Entity.
Section 4.f. of the same IRR defines that preliminary investigations include, among others, information on soil, geotechnical, hydrologic, hydraulic, seismic, traffic, and environmental conditions that shall be used to define project design criteria, to set the basis for any changed conditions and establish preliminary project cost estimates.
“This was not accomplished/conducted by the DPWH, before the bidding and award was done on the above project,” Saavedra said.
Canlas earlier admitted that the winning bidder is doing the traffic management program studies for the first time.
Another violation Saavedra cited was the confusing bidding schedules to the bidders when the Supplemental Bulletin No. 3 stated that the dropping of the bid documents was moved backward to October 11, 2017 but the buying of the documents was not moved.
He said the new date to drop the bid documents is 33 days short of the 65 days from the publication of the Philippine Government Electronic Procurement System (PHILGEPS) dated September 2 to 8, 2017 which is again a violation of Sec. 24.4 of RA 9184.
“The reduction of the submission date of the bid docs to Oct. 11, 2017 from Sept. 23, 2017, is tantamount to rigging of the bidding by giving favor to a selective bidder who already attended the first bidding of the above project and has already prepared his bidding documents ahead of the other bidders considering that this bidding is for design and build. Time is of the essence for every bidders,” added Saavedra.
In a separate interview, Nonato Paylado, chief of planning and design division of DPWH-7, said consultations among affected stakeholders were conducted since 2011.
The project includes a four-lane depressed structure at the intersection of U.N. Avenue and Plaridel/Cansaga Bay Bridge Road, two-lane left-turning flyover from UN Avenue to Plaridel Road/Cansaga Bay Bridge Road, and rehabilitation of Plaridel/Cansaga Bay Bridge Road.
Paylado said the Japan International Cooperation Agency has conducted the feasibility study of the project in June 2010.
“It's a protocol to conduct consultations to all stakeholders before a project will be implemented,” Paylado said.
He said several agencies have already issued their endorsements for the project to be implemented several years ago. That is why the project has been funded.
These agencies, he said include Mandaue city Development Council, RDC-7, and the Mandaue City Government.
Paylado said the DPWH has been working closely with the local government unit and other stakeholders to know their sentiments of the project.
As of now the department has identified at least 34 lots along the area that will be subject for lot acquisition to pave the way for the road widening.
He said the contractor has yet to conclude the Design and Build contract in June 2018. After that, there will be a traffic management plan and other plans that will be released to the public.
Meanwhile, the Traffic Enforcement Agency of Mandaue (TEAM) chief of operations Glenn Antigua said he agrees on the Department of Transportation (DOTr)'s plan to create an Inter-Agency Council on Traffic (IACT) in the region.
"If it is effective in Mandaue, it may be effective in other areas," Antigua said.
He was among the representatives of the Mandaue City Government in a meeting with DOTr Assistant Secretary Mark De Leon last week.
Antigua said they shared to DOTr the city's traffic management plan and that IACT is similar to what they have done to Mandaue.
De Leon recently explained that the government agencies, as well as the local government units, will be included in the council.