BY JEFFREY DAMICOG
The Office of the Government Corporate Counsel (OGCC) has warned the Philippine Charity Sweepstakes Office (PCSO) against skipping the required bidding process and making a deal with an Australian firm in securing lotto paper supplies.
In a nine-page legal opinion dated July 6, Government Corporate Counsel Elpidio Vega said “PCSO should conduct a competitive process/bidding in securing its lotto paper supplies.”
The OGCC issued the advice in response to the PCSO’s June 9 letter which sought legal opinion on the agency’s plans to reach a compromise deal and sign a memorandum of agreement (MOA) with TMA Group Philippines, Inc. for the supply of lotto papers following legal battles over the cancellation of the 2009 Contractual Joint Venture Agreement (CJVA).
“Accordingly, we advise PCSO not to execute a MOA with TMA by way of compromise agreement. The MOA is in effect entering into a Supply Contract for the purchase of lotto papers and bet slips in the absence of a competitive process/bidding,” told Vega.
Citing Section 10, Article IV of Republic Act 9184 or the Government Procurement Reform Act, the government corporate counsel explained to the agency the law “mandates that all acquisition of goods, consulting services, and the contracting for infrastructure projects by any branch, department, office, agency, or instrumentality of the government, including state universities and colleges, government-owned and/or -controlled corporations, government financial institutions, and local government units shall be done through competitive bidding.” (Jeffrey Damicog)
