Comelec upholds disqualification of automation bidder

MANILA, Philippines – The Commission on Elections-Special Bids and Awards Committee (Comelec-SBAC) upheld last night the disqualification of the conglomerate of AMA Group Holdings and Election System and Software (ESS).

According to SBAC head Ferdinand Rafanan, the committee had deliberated on the motion for reconsideration filed by AMA and ESS, but found that the consortium had failed to give them enough reason to reverse the disqualification.

Last May 15, the consortium was disqualified for its “failure to sufficiently comply with the requirement to submit the Certificates of Acceptance pertaining to its contracts” with the states of Michigan and Minnesota in the United States.

While Rafanan was reading the decision, AMA representatives led by AMA vice president and project director Johnny Ramos walked out of the bidding.

SBAC failed to rule yesterday on the motions for reconsideration filed by the group of Sequoia Voting Systems and the Universal Storefront Services of the Philippines and the consortium of Gilat of Israel and F.F. Cruz and Company Inc.

Earlier, tension was high during the bidding process when Ramos said Comelec director for Education and Information Division James Jimenez had created an impression that the consortium of Smartmatic of Netherlands and Total Information Management Corp. (TIM) of the Philippines had won the bidding.

Ramos accused Jimenez of being partial to a consortium that is now ahead of the race to win the automation contract.

“The perception that they are creating is that Smartmatic had already won. That’s not it. That’s not good for us bidders here. We have been sitting here all day long waiting for SBAC to rule on our motion for reconsideration. We are very offended by that statement,” he noted.

Smartmatic and TIM, on the other hand, have already hurdled the eligibility, technical and financial requirements of SBAC.

The conglomerate presented their precinct count optical scan (PCOS) machines before the SBAC yesterday just in case the committee rules in their favor.

Ramos’ outburst came about when Jimenez and Smartmatic spokesman Luis Villa briefed the media about the possible demonstration that will be done by the Smartmatic group. 

He invoked the gag order issued by SBAC against any media interview by the bidders.

But during the briefing, Jimenez had made it clear that “there has been no declaration yet as to who ‘the lowest calculated bidder’ is.”

“The preparations that Smartmatic are undertaking are really just to make sure they are ready in case it turns out that way,” he said.

Jimenez maintained that the “Comelec is not creating an impression,” when asked about Ramos’ accusation.

“It’s just that with very little time left, we want to make sure that everything flows as seamlessly as possible and that includes making sure that everyone who will have the opportunity to demonstrate their machines will be able to do so with minimum delay,” he added.

As a policy, the bidder with the lowest calculated bid will be the one to demonstrate the PCOS machines.

According to Villa, when given the go-signal by SBAC, they plan to demonstrate “end-to-end solution that we have proposed to the Comelec which means that we will demonstrate PCOS machines – from transmission, canvassing, etc.”

Smartmatic already has experience handling Philippine elections when it supplied the direct recording electronics (DRE) machines used in Maguindanao during the regional election of the Autonomous Region in Muslim Mindanao (ARMM) in August 2008.

“We are very experienced because we’ve done seven national elections, mostly in Venezuela. PCOS is not a totally new system. It has been used in Canada, New York but nationwide elections that we have done particularly in Venezuela, we used DRE and in ARMM also,” Villa maintained. 

 ‘Have faith in Comelec’

Meanwhile, Malacañang appealed to the public to have faith in the Comelec to perform its mandate of conducting honest, peaceful and orderly elections next year in spite of the poll body’s problems in the bidding of the equipment for the automation process.

Presidential adviser on political affairs Gabriel Claudio welcomed the developments in the bidding process of the Comelec, which he said brings the poll body “closer to its objective of being able to complete its preparations for the conduct of clean, orderly and efficient elections next year.”

“We encourage the public and all sectors concerned to give as much encouragement and support for the Comelec to fulfill its obligation,” Claudio said.

“There is no reason to be doubtful about the capability of the Comelec to perform its mandate,” he added.

Claudio reiterated that the Comelec has enough time to implement the automated election system and if not, to resort to an alternative or “Plan B.”

Even though the Palace has been pushing for full automation as provided for under the law on automated elections, it has also expressed openness to the possibility of having partial automation.

Comelec’s problems in the bidding of equipment for next year’s polls has forced all sectors to accept the possibility that full automation could no longer be done next year.

“We believe there is enough time for the Comelec to prepare for any eventuality and I think it is incumbent, it behooves the people themselves to give as much faith, cooperation and trust to the Comelec, which is the body tasked to implement the elections,” Claudio said.

The Palace has rejected the no-election scenario that recently came about after the Comelec admitted to having serious problems with the preparations for the automated elections.

This coupled with the moves in the House of Representatives to amend the Constitution have generated a lot of speculation, particularly from the opposition, about the administration wanting to postpone the elections and extend the term of the President. With Marvin Sy