In a statement yesterday, Annex Digital Inc. (ADI), one of the bidders in the project, said the bids and awards committee (BAC) of the Manila International Airport Authority (MIAA) is poised to award the project to One Commerce International Corp. (One Commerce) under a negotiated procurement bidding.
“They are hell-bent on the proceeding with this illegal negotiated procurement despite the protest filed by Advanced Security Solution System, Inc. (AS3) on January 22, 2016 where it paid the non-refundable protest fee amounting to over P2.4 million,” the statement said.
AS3, along with ADI, was initially also qualified to bid for the camera surveillance project. “This not to mention the fact of the pendency of our Petition for Certiorari with Application for Temporary Restraining Order and Writ of Preliminary Injunction before the Regional Trial Court of Pasay City, Branch 119 excluding the pendency of our administrative and criminal complaints before the Office of the Ombudsman (against the bidding procedures on the project),” ADI said.
ADI belied the claim of MIAA that two failed biddings on the project now justifies negotiated procurement, as it insisted that only one bidding has so far been held since MIAA had changed the terms of reference (TOR) for the supposed second bidding last year.
“The scope and title of the project during the first bidding in August 2014 was for ‘Design, Supply, Installation and Commissioning of CCTV Cameras and Surveillance Systems at NAIA Complex’ as against the title for the second bidding held on February 2015 wherein the word ‘design’ was deleted,” ADI said.
ADI noted “substantial change” in the deletion of the term “design” as it “removed a major aspect the integration of all systems involved towards one effective security surveillance system.”
“For the effective functioning of the transmission in the security surveillance system, two major components are to be considered, namely, civil works and electrical works,” it explained, noting that the design aspect is within civil works.
ADI said that without the design component, “details in measurement have to be produced by MIAA, which has no experience and expertise in the said field. “
ADI warned that “”this is to the great financial advantage of the contractor, who would just merely supply the equipment and devices without any responsibility if the surveillance system will not function altogether.”
“This will be to the prejudice of the end-user (MIAA) and the resultant waste of government funds/taxpayer’s money,” it added.
“In this scenario, there is a definite need for a change order or worse, another bidding on the design aspect of the CCTV project, that would surely entail additional cost to the government,” it noted.
ADI also reported that change in the TOR also led to “significant differences in the bill of quantities” and that “although the number of cameras might seem the same, the breakdowns have glaring differences.”
The firm also belied the claim of MIAA authorities that the bidding for the camera surveillance project had to be immediately done as a measure against the so-called “laglag bala” scandal. “There is no imminent danger to life or property during a state of calamity to speak of,” ADI lawyer Enrico Quiambao said.
Quiambao also said that “the statement of MIAA management that it had sought the opinion of the Government Procurement Policy Board (GPPB) is a convenient excuse to pursue the illegal negotiated procurement by showing a semblance of legality.”
“The court is the final arbiter on the issues raised in the CCTV project, who will decide whether or not the questioned alternative mode of bidding through negotiated procurement is in order,” he said.
Earlier, ADI filed against the MIAA bidding proceedings a Petition for Certiorari with Application for Temporary Restraining Order and Writ of Preliminary Injunction before the Regional Trial Court of Pasay City, Branch 119. This is on top of pending administrative and criminal complaints before the Office of the Ombudsman against top MIAA officials.
“What’s the rush? Why can’t MIAA Bids and Awards Committee wait for the outcome of the protest filed by AS3 and the resolution of our Petition for Certiorari before the Regional Trial Court of Pasay City?” ADI asked.
Quiambao said the rush to award the project would “only confirm our suspicion this is part of the culture of ‘pabaon’ before some of the co-terminus officials end their term of office with Pres. Aquino.”
