Job Order Scheme Eyed as Option to Solve Janitor HitchPrestoline S. Suyat, The PUP Observer, Volume 1, Issue 2, July 2012
"In a few days, the negotiated contract period will lapse and the university may enter into a Job Order option or scheme which can rehire the striking janitors. But in this scheme, janitors will still be subcontracted. This means that they are not employees of the university," President de Guzman said.
President Emanuel C. De Guzman announced in a meeting with university employees last July 13 that the Administration will follow the proper process in rehiring janitors of the Samahang Janitors ng PUP (SJPUP) who went on strike early this year.
The pronouncement came after the Bids and Awards Committee (BAC) announced that the bidding for janitorial services held last June 18 was a failure. The motion for reconsideration filed by CMPT Manpower Services after the announcement was also denied by BAC.
It was revealed that during the said bidding CMPT failed to submit the following basic documents: End-User’s Acceptance, Notice of Contract, Notice to Proceed and 2011 Balance Sheet which should have been their ticket to win the bid.
According to Republic Act 9184 or the Government Procurement Reform Act and its revised implementing rules and regulations, a negotiated contract should follow after the failed bidding. In the negotiated contract, 100 percent absorption of the 156 protesting janitors was stipulated in the Terms of Reference (TOR). This TOR should be implemented by an agency in case it wins the bidding.
However, as of press time, no agency has applied for a negotiated contract of janitorial services with BAC. According to the rules, a bidder who lost the bid, like the CMPT Manpower Services, cannot participate in the negotiated contract. Former agencies, which had previous janitorial services in the university, like the UNITREND, Sparrow and Mega, can participate in the said proceedings.
Meanwhile, President De Guzman clarified that if a negotiated contract will not commence, a Job Order scheme will be another option in order to rehire the janitors who are on strike.
President De Guzman also explained that janitors who will be subcontracted will not be considered casual employees of PUP and their services will be renewed on a contractual basis.
Despite the bid failure, President De Guzman sympathized with the disgruntled janitors after the Care Best won the bidding last February 16. The president assured that he would use all legal means to help janitors in their reinstatement in their previous job.