Palace maintains contract on presidential helicopters aboveboard

MANILA, Philippines - Malacañang insisted yesterday the multimillion-peso contract to maintain presidential helicopters awarded to an Australia-based aircraft company is aboveboard.

In a statement, Executive Secretary Eduardo Ermita said Hawker Pacific Asia PTE Ltd. is the authorized representative of the Texas-based manufacturer of the helicopters, Bell Agusta Co., in the region.

“So the Bids and Awards Committee granted it to Hawker,” he said. “That was the basis of the contract.”

A bidder had asked the Manila Regional Trial Court to stop the Palace from “direct contracting” with Hawker Pacific to supply parts and maintain Bell helicopters used since the Ramos administration.

In asking the court for a temporary restraining order last Feb. 26, Asian Aerospace Corp. said the contract awarded to Hawker Pacific was grossly disadvantageous to the government and violates Republic Act 9184, the Procurement Law.

Ermita said the BAC is in close consultation with the Office of the Solicitor General to firm up the arguments against the TRO.

“I suppose they (Solicitor General) would have to submit a legal position to the court,” he said.

Solicitor General Agnes Devanadera could not be reached for comment.

Presidential Security Group chief Brig. Gen. Celedonio Boquiren said it was important that parts to be used to maintain the helicopters are original and pass the manufacturer’s standards.

“We would feel secure if the firm maintaining and servicing the helicopters is authorized by the manufacturer,” he said.

If the matter would not be resolved, presidential engagements could be jeopardized, Boquiren said.

AAC not disqualified

Asian Aerospace Corp. (AAC) clarified yesterday that they were not disqualified in the bidding to supply parts and services of Bell helicopters for Malacañang.

In a letter to The STAR, AAC lawyer Raymundo Quiroz said the company was “excluded” from the project, not disqualified.

The hearing on AAC’s petition for a 20-day temporary restraining order will continue at the Manila Regional Trial Court Branch 50 today.

Quiroz said AAC had in fact won the public bidding for the procurement of services for the 2,500 Hours Mandatory Inspection of Bell 412 Helicopter, Tail No. 1896 of the Office of the President (OP).

It had already been issued the corresponding notice of award, he added.

However, Quiroz said the notice of award was canceled by the OP’s BAC because AAC refused to sign a unilaterally revised contract.

“(Therefore, the) said cancellation is contrary to law and jurisprudence providing that amendments, revisions or modifications to a perfected contract are not allowed unless mutually agreed upon,” read the letter.

Quiroz said the OP BAC’s resolution was affirmed by Ermita.

Quiroz said Hawker Pacific was never a bidder and therefore could not have won the bid.

At the public bidding, AAC was the lone bidder, he added.  – Paolo Romero, Sandy Araneta