Losing bidder questions Comelec on CF cards



MANILA, Philippines—Four months before the May 2013 elections, a disqualified bidder questioned before the Supreme Court the Commission on Elections’ (Comelec) decision awarding the compact flash (CF) contract to Smartmatic which will be used in the precinct count optical scan (PCOS) machines.

In a 13-page petition, LDLA Marketing urged the high court to issue a temporary restraining order on the implementation of the contract. At the same time, it also asked the high court to compel the Comelec to nullify Resolution No. 9600 and award to them the contract for the supply of CF cards.

The Comelec Resolution 9600 dated Dec. 27, 2012 is the awarding of the contract to Smartmatic.

Petitioner said the resolution was issued with “grave abuse of discretion.”

“The instant case is a brazen award of a government contract without passing through a fair and open public bidding, as required by law. With the haste of Respondent Comelec to award the procurement contract…[it] has sadly failed its duty to the Republic to credibly and legally conduct elections through the due enforcement of all laws and regulations regarding the conduct of elections, plebiscite, initiative, and referendum,” the petition stated.

LDLA said their disqualification came as a surprise considering that it previously supplied Smartmatic with 20,000 CF cards for the May 2010 elections.

LDLA said its bid was never opened. If the Comelec did, LDLA said, the government would have saved P100 million.

“Had it been otherwise, Petitioner’s bid would have been the lowest responsive bid for all items, except for thermal paper. Too, Petitioner would have been the sole bidder for the CF Cards. Moreover, the acceptance of Petitioner’s bid would have saved the government over One Hundred Million Pesos,” the petitioner said.

Smartmatic got the contract for transmission modems as the sole bidder, while it got the contracts for transmission services and the CF cards through negotiated contracts after failed biddings.

Get Inquirer updates while on the go, add us on these apps:

Inquirer Viber

Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.

  • http://pulse.yahoo.com/_Q3QGG5QHBLRMZTIYWUFURY6J2E Night

    susme………walang pagbabago talaga sa pinas

  • Hunter421

    Filipino losing bidder = sore loser

  • Janch

    The Comelec can go into negotiated contracts if there is a failed bidding.  Merong bang failed bidding?  Bakit hindi nagbid itong si LDLA kung mas mura niyang masusupply yung mga cf cards?

  • http://profiles.yahoo.com/u/E42OFYRFB33JLV3IPPPFQWMSPU Kenji

    Losing bidder – TRO, tax evasion  – TRO, suspension  order – TRO;  ano ba ‘to, lahat na lang TRO.  Kaya walang naiimplement na project o kaso dahil sa TROs.  The lawyers are having a field day!!!  Let us have a cap on TROs like 15-30 days, and let the court finalize the decision!  No more delays…the SC should launch the initiative!

    If we have to amend certain laws, let’s do it!  Nakakabanas na – kaya tayo ‘di umaasenso dahil sa discretionary poiwers ng ating judges o korte…maawa naman kayo sa sambayanan!!!

  • Pork_Republik

    The Filipino people will save 100 million pesos? Hahaha!

    Nakakatawa talaga…the Filipino people will save 100 million pesos…HAHAHA!

  • disqusted0fu

    There are so many issues being hyped up about the up coming elections. But this PCOS machine issue which has to be one of the biggest and most important is somehow being downplayed. May is fast approaching and there still haven’t been any clear answers to the effectiveness of the PCOS machines. How are we going to be assured of a cheat-free elections?

To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.

Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:

c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City,Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94


editors' picks



latest videos