WITHOUT full documentation, do not expect to be paid.
The Commission on Audit has denied a P16.51 million claim filed by a private security agency against the Department of Science and Technology – Technology Resource Center (DOST-TRC), saying it was not paid for providing security services from October 2016 to September 2017.
COA Chair Gamaliel Cordoba and Commissioners Roland Café Pondoc and Mario Lipana held that the claim of Lifeguard Archangels Security Agency Corp (LASAC) is supported by deficient documentation and cannot be granted.
The Commission en banc noted that the claimant was able to submit billing invoices and the certificate of non-payment issued by the DOST-TRC but the individual daily time records (DTRs) of agency personnel who rendered the services were not attached to the claim.
“The DTRs are indispensable documents …since these are the direct proofs that will verify whether or not LASAC rendered actual security services. Moreover, the DTRs will validate the number of security guards deployed,” the Commission said.
Records showed Lifeguard first secured a one-year contract worth P18.23 million on October 1, 2014 to deploy 65 security guards to the DOST-TRC Techno Centers in Makati City, Pampanga, Tarlac, and Zambales as well as in foreclosed properties in various locations in Luzon, the Visayas and Mindanao.
Despite the expiration of its contract on September 30, 2015, LASAC continued providing the same service through extension contracts renewed on a monthly basis in accordance with the Government Procurement Policy Board Resolution No. 23-2007, which allows such arrangements as long as they do not exceed one year.
However, the TRC was abolished on October 31, 2015 after being embroiled in various irregularities, including the multi-billion pesos Priority Development Assistance Fund (PDAF) scam.
While the COA agreed that the DOST-TRC is not contesting its obligation, it said the claim must necessarily fail because of non-compliance with the required supporting documents.
It noted that the amount due to the claimant may be determined with certainty only if the DTRs are submitted, especially since based on the summary of unpaid billings, there were only 58 security guards deployed although the extension contracts pegged the number at 65.
“The Commission denies without prejudice to its refiling the petition for money claim. The principle of quantum meruit shall be applied upon submission of documents considering that no contract was executed for the extension period,” the COA said.
