In a letter dated last Dec. 7 to retired Maj. Gen. Vicente Guerzon Jr, Enrico Quiambao, legal counsel of Joint Venture of Annex Digital, Inc. and Geutebruck Pty. Ltd., urged Guerzon and other members of the BAC from pursuing plans for a negotiated bidding on the closed circuit television camera (CCTV) project.
This, after the BAC issued days earlier a letter dated last Dec. 7 informing digital firms on “Pre-Submission of Proposals Conference on Dec. 11, 2015, delivery of proposals on or before Dec. 18, 2015, and the opening of the proposals on December 18,2015 at 1:30 p.m.” relative to a negotiated bidding.
Earlier, Quiambao, in behalf of his client, filed against MIAA officers and two private sector firms, criminal cases for violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act and violations of Republic Act No. 9184 also known as the Government Procurement Reform Act.
The case was based on allegations that bidding for the project was rigged in favor of either of two bidders.
“There have been serious violations committed by concerned MIAA officials and employees involved in the bidding of the CCTV Project. Despite the international and national outrage against the MIAA, the violations of its officials continue with reckless abandon and boldness,” Quiambao said amid the claim of MIAA officials
that two biddings of the P486-million project had failed to justify negotiated bidding. Under the law, negotiated bidding on a project could be held only after two failed biddings on it.
He insisted that only one bidding for the project was held by the BAC. In his letter, he noted that “technically speaking, a second bidding has yet to be done because on Aug. 29, 2014, the project titled ‘Design, Supply, Installation and Commissioning of CCTV Cameras and Surveillance Systems at the NAIA Complex’ was changed” by dropping the term “design” allegedly to accommodate a favored bidder. Quiambao noted that such change in the terms of reference (TOR) invalidated an earlier bidding
last year, thus making a bidding held on Feb. 24 this year as the first bidding for the CCTV project and that no second bidding has so far been held.
He warned the MIAA officials of “more lawsuits” if they pursue negotiated bidding. “There appears to be no more respect for the law and rules,” he said in his letter.
Quiambao claimed that amid delays in the implementation of the CCTV project, NAIA General Manager Jose Angel Honrado has allegedly been using the “tanim-bala” scandal at the NAIA to “justify emergency procedures for the installation of the CCTV system to unqualified but favored contractors.” During a recent Senate inquiry into the tanim-bala scandal, Honrado cited two alleged failed bidding on the CCTV project that could have shed more light on the scandal.
Quiambao said his client will not participate in the negotiated bidding now being pursued by the BAC, as “what is illegal cannot be legalized.” “The participants to this patently illegal process would open all avenues for the filing of administrative and criminal cases against the members of the BAC and the head of the procurement entity as well as the favored bidders who will participate are equal liable under the law,” he added.
Quiambao furnished Transportation and Communications Sec. Emilio Abaya and Ombudsman ConchitaCarpio-Morales copies of his letter to Guerzon.
