Senate bill seeks amendment to听emergency procurement听law听
A BILL has been filed in the Senate proposing to amend听Republic听Act 9184听or the Government Procurement Reform Act听after an ongoing committee investigation has shown gaps in provisions on emergency purchases.听听听
Senator听Francis N. Tolentino on Monday filed Senate Bill 2433听which seeks听to update听the law鈥檚听provisions on negotiated procurement by requiring documents that will prove听a听bidders’ financial capacity to听deliver听the requirements set by the government.听
Under RA 9184, a negotiated procurement scheme may be conducted by the government directly with suppliers or contractors “in case of extraordinary circumstances,” on the condition that the chosen private firm is technically, legally, and financially capable.听听
Mr. Tolentino noted, however,听that it failed to provide guidelines in determining whether a supplier or contractor is efficient enough to fulfill their contractual obligations.听
The Senate Blue Ribbon committee has听been investigating the Budget department鈥檚 procurement service for听awarding听P12 billion听worth of contracts to a company which was only several months old and had only P650,000 in paid-up capital.听听
In one听hearing, Huang Tzu Yen, chairman and president of the controversial Pharmally Pharmaceutical Corp.,听himself听admitted that the company had no funds when it bagged听government听contracts, which was why it needed former economic presidential adviser Michael Yang听to step in as听guarantor and financier.听听
Under the proposed听law, potential government suppliers, contractors, and consultants “are mandated to submit documents to prove their financial capacity,鈥澨齱hether听under a negotiated听or emergency听procurement.听听
“The pandemic laid bare disparities in our laws, particularly those related to health care, travel, transportation, and procurement,” said Mr. Tolentino in a statement on Thursday.听鈥斕鼳lyssa Nicole O. Tan听
