The document, written in 2009, was addressed to the then COWD manager Gaspar Gonzales by Leonor Boada, a director of the Commission on Audit. Read on:
"We are pleased to transmit the partial Fraud Audit and Investigation Office-Audit Observation Memorandum (FAIO-AOM) No. 2009-001 dated November 9, 2009 on the conduct of audit/investigation on the alleged graft and corrupt practices of the Board of Directors of Cagayan de Oro city Water District, Cagayan de Oro city; the contractor, Rio Verde Water Consortium, Inc. and the then LWUA Administrator, pursuant to COA Office Order No. 2009-393 dated June 15, 2009.
"The findings/observations of the FAIO Team are discussed in detail in the said AOM. In connection herewith, we request that the management comments be submitted to this office within ten (10) days from receipt hereof for evaluation and incorporation in the final report."
We acknowledge the assistance and cooperation of the officials and staff of COWD in this undertaking. Thank you.
"Very truly yours,
"Leonor D. Boada
Director IV"
"Audit Observation
"There were seven (7) bidders who participated in the bidding as follows:
"1. AAA/First Global (AAA/FG)
"2. FF Cruz & Co. Inc. (FFCCI)
"3. Honor Merit Ohils. Corp. (HMPC)
"4. Manila Water Company Inc. (MWCI)
"5. Rio Verde Water Corp. (RVWC)
"6. Solerex Water Tech., Inc. (SWTI)
"7. Visland Water Corp. (VWCI)
"However, only two (2) among the above mentioned suppliers submitted their bid documents for Eligibility Proposal, Technical Proposal and Financial Proposal. They were HMPC snf RVCI. HMPC was declared a non-eligible bidder by the BAC thru Engr. Bienvenido V. Batar, Jr., vice Chairman of the BAC for failure to submit some of the eligibility requirements. The BAC applied the non-discretionary pass or fail criteria based on Republic Act 9184.
"RVWCI, on the other hand, was declared an eligible bidder by the BAC thru the Vice Chairman in view of the compliance and submission of all the proposals namely, eligibility, technical and financial proposals, as provided in RA 9184. Initially, RVWCI was considered by the BAC the lone eligible bidder with the lowest calculated bid.
"On November 25, 2004, the result of post evaluation/detailed examination/post qualification of the three (3) envelops submitted by RVWCI were turned-over to the BAC Secretariat by the Eligibility Subcommittees (TWIGs). It was the time when the BAC declared RVWCI as a Non-Responsive Bidder and therefore, disqualified. In ruling the disqualification, BAC issued Resolution No.003, S-04 dated December 1, 2004.
"However, to the surprise of the BAC, the Board of Directors of COWD issued Resolution No.222, S-04 dated December 9, 2004 awarding the contract of Bulk Water Supply Project (BWSP) to RVWCI per recommendation of the COWD-BWSP Committee. Records show that under the December 9, 2004 Minutes of the Board Meeting on the Award of COWD-BWSP, it was Vice Chairman Gapuz who said that the results of the post qualification process on the bid documents submitted by RVWCI were evaluated by the COWD-BWSP Committee and were found to be in order. Per their committee recommendation, the Board resolved to award the contract for BWSP to RVWCI. It was also resolved to furnish LWUA Administrator Jamora of the copy of the contract for his review."
(To be continued)
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