Losing bidder threatens TRO vs poll automation

A consortium disqualified from vying for the P11.3-billion automation contract of the Commission on Elections (Comelec) yesterday threatened to seek a Temporary Restraining Order (TRO) against poll automation.

Avante International of the US, Canon Marketing of Japan and Netnode Technologies, DB Vizards and Creative Points of the Philippines yesterday said the Comelec’s decision on the bidders’ motions for reconsideration (MR) was lopsided and could bring the project to a halt.

Leo Querubin, the consortium’s spokesman, said the ruling of Comelec’s Special Bids and Awards Committee (SBAC) was “flawed.”

“There is a lot of inconsistencies in the decision and unequal application of rules... We’re just giving ammunition to the vitriolic critics of Comelec to seek a temporary restraining order (TRO) against the automation,” he told The STAR.

“We were really frustrated with the decision,” Querubin noted.

The consortium is expected to appeal the ruling before the Comelec. 

But Comelec chairman Jose Melo voiced apprehension that in case anyone files and successfully secures a TRO against the automation, the conduct of the May 10, 2010 polls would be derailed.

“(What if) one month before election, they file a case? It would be too late to go to manual. It’s within the rim of possibility, it’s real sabotage in case the Supreme Court issues a TRO,” said Melo.

SBAC had upheld the disqualification of Avante’s group and the consortium of Syrex Inc. and Amalgated Metro Philippines, and Anishin Inc. of Taiwan and the consortium of Sequoia Voting Systems of the US and Universal Storefront Services of the Philippines after deliberating on their MRs.

The committee, on the other hand, had granted the MRs of the group of Indira Sistemas of Spain, Strategic Alliance Holdings Inc. of the Philippines and Hart Intercivic of the US; the group of Technology Information Management Inc. of the Philippines and Smartmatic of The Netherlands; the group of AMA Group of Companies of the Philippines and Election System and Software of the US; and the group of Gilat of Israel and F.F. Cruz and Company Inc. of the Philippines.

This means the SBAC will resume screening the eligibility documents of the four companies. When they pass this, they will have to go through technical and financial screenings.

Last week, the seven bidders were all disqualified for failing to submit some documentary requirements.

The bidders have signed a waiver relinquishing their rights to legally challenge the results of the bidding but Querubin said that other concerned sectors might do so.

‘SBAC not consistent’

Querubin also said that SBAC was not consistent in implementing the ruling in dealing with each and every motion filed by the bidders.

He cited that SBAC did not accept the three eligibility documents in lieu of the contract and letter of acceptance that the committee was requiring.

But SBAC had accepted the ISO 9000 certification submitted by another bidder although it was owned by a company that was not part of the consortium-bidder.

Asked about the SBAC ruling, Melo reserved comment. “We (commissioners) do not meddle with SBAC. We are not involved in the bidding.”

But Melo claimed he observed that the bidding was “very transparent” and bidders were even allowed to question the documents submitted by the others.

Meanwhile, Malacañang urged yesterday lawmakers and other sectors not to condition the minds of the people on a no-election scenario or the holding of manual polls in 2010.

Deputy Presidential Spokesperson Lorelei Fajardo said “the Palace encourages all sectors to support the Comelec in pursuing automation in our elections.”

Senators, for their part, called on the Comelec to fulfill its commitment to automate the 2010 polls and not fail the people’s hope for clean and honest elections.

Meanwhile, Melo sought yesterday an investigation of a YouTube footage showing an alleged rigging of bidding for the automation contract.

Melo said that he already asked the Comelec’s resident ombudsman and the National Bureau of Investigation (NBI) to look into the video supposedly showing Felipe Cruz, president of F.F. Cruz and Company Inc., signing “bid documents in the bathroom of Comelec.”

Cruz’ firm and Gilat, an Israel-based company, is one of the four bidders allowed by SBAC to bid for the automation project anew. – With Paolo Romero, Aurea Calica, Michael Punongbayan, Jess Diaz