A PRIVATE supplier of medical items has won its claim for unpaid deliveries against the Eastern Visayas Regional Medical Center (EVRMC) totaling around P20 million.
In an en banc decision, the Commission on Audit (COA) granted the petition filed by Gran Sol Trading Company, Inc. demanding payment from EVRMC for the delivery of a medical oxygen generator and oxygen cylinders in 2015.
EVRMC had refused to pay the supplier, claiming the contract was void for violating provisions of RA 9184 or the Government Procurement Reform Act, specifically the lack of a resolution from the Hospital Bids an Awards Committee (HBAC) recommending award of the contract to the firm.
The state-owned hospital likewise cited incomplete delivery and non-compliance with the specifications stated in the purchase order, as based on the findings of the hospital’s Technical Working Group that conducted an inspection of the delivered items.
EVRMC’s objections were backed by the audit team leader and the regional supervising auditor who recommended the denial of Gran Sol’s claim because the contract it entered with the hospital on December 29, 2014 was supposedly null and void.
The COA Commission Proper however upheld the validity of the supply contract, noting that the claimant was able to submit sufficient proof including photographs, sales invoices, delivery receipts, and service reports.
“While said deliveries were found to be incomplete or inconsistent with the specifications, it would nonetheless be an unjust enrichment on the part of the government to deny payment when it had already benefitted from the items actually delivered by Gran Sol,” the COA said.
Likewise counted in Gran Sol’s favor was the availability of funds for the purchase and the absence of dispute regarding the deliveries.
“Gran Sol cannot be faulted for the absence of the documentary requirements which are to be complied with by the HBAC, pursuant to Section 12 of RA No. 9184,” the COA pointed out.
