Landfill bidding gets another TRO

There is no end in sight for the controversies surrounding the government’s bidding for a new sanitary landfill.

Another temporary restraining order was issued yesterday against the bidding being conducted by the Greater Metro Manila Solid Waste Management Committee, this time by the Manila Regional Trial Court. The latest TRO was filed by one of the losing bidders, a consortium composed of FLB Construction, Kabukiran Garden and Big Trust International Joint Venture.

According to the Pre-Qualification Bids and Awards Committee, the consortium was not able to comply with requirements which resulted in its disqualification.

Metro Manila Development Authority officer-in-charge Rogelio Uranza said the consortium failed to submit a certificate of land conversion from the Department of Agrarian Reform, a pre-requisite for qualification.

The consortium argued that it was able to present a certification from the DAR and even pleaded its case before the PBAC. It noted that the irregularities in the bidding process and that its disqualification was not warranted.

Manila Judge Zenaida Daguna ruled in favor of the consortium yesterday with the subsequent issuance of a 20-day TRO against the bidding. Tomas Laragan of the Office of the Solicitor General, representing the GMMSWMC said they will ask the Court of Appeals to stop the Manila court from enforcing the TRO.

Laragan cited the failure of the consortium to comply with the pre-qualification requirements as well as a Presidential Decree which should have nullified any bases for filing a TRO against the GMMSWMC.

Under PD 1818, critical infrastructure projects of the government such as the sanitary landfills, are protected from actions like the TRO.

Uranza also noted that an agreement was signed by all the bidders, barring them from filing any protest actions against the bidding while it is still ongoing.

Based on the agreement, any bidder that files a protest against the PBAC will forfeit its bid bond held by the committee which is equivalent to the cost of the projects.

However, he admitted that they are powerless to do anything as it is the prerogative of the bidders to file for TROs. Currently the bidding is on its last stage with only two bidders left vying for the landfill project.

The winner was supposed to be announced before the end of last month but successive TROs delayed the proceedings in spite of its importance. Development of a new sanitary landfill is supposed to be initiated before the year ends in order to compensate for the closure of the San Mateo landfill this Dec. 31.