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Indra asks Comelec not to allow Smartmatic in public bidding

Posted on February 15, 2015

MANILA, Feb. 15 (PNA) — Indra Sistemas S.A. has asked anew the Commission on Elections (Comelec) not to allow its rival Smartmatic – Total Information Management (TIM) Corporation from participating in the public bidding for the Optical Mark Reader (OMR) machine lease project for the 2016 polls.

In an 18-page Motion for Reconsideration (MR) filed before the Commission en banc, the Spanish company urged to declare the service- provider in the 2010 and 2013 polls as ineligible for the Second Stage of the bidding citing lack of legal capacity to participate as a joint venture (JV).

“… its submitted Statement being that of a JV partner that does not have legal capacity to participate in the Two Stage Competitive Bidding for the Lease of the OMR System for the 2016 Elections; and (should) thus be declared ineligible to participate in the Second Stage of the Two Stage Competitive Bidding for the Project,” the Indra said.

The international company added that the issue over the legal standing of Smartmatic-TIM should be resolved immediately and not reserved for the post-qualification stage.

“Verification, validation and ascertainment has shown, and proved, that Smartmatic TIM has no legal capacity to participate in the bidding for the 2016 elections and undertake the Project… Post-qualification would, therefore, be an exercise in futility,” Indra said.

It added, “To unnecessarily further delay the determination of the legal capacity of Smartmatic TIM for the post-qualification stage… despite notice to Respondent BAC, would be a needless waste of government resources, effort and material time.”

The petitioner noted the pending application of Smartmatic – TIM to the Securities and Exchange Commission (SEC) as another proof that their rival company is aware of their lack of legal capacity to participate in the bidding.

“In fact, the submission of the Certificate of Pending Amendment on behalf of Smartmatic TIM, which is not even required under the ITB or the BDS, simply bolsters the position of Indra that they, Smartmatic-TIM, have no legal capacity to participate in the Project,” said Indra.

Earlier, the poll body dismissed the petition filed by Indra to declare Smartmatic-TIM as being ineligible to bid for the P2.5-billion project.

Both firms are bidding for the lease of 23,000 voting units to supplement the old Precinct Count Optical Scan (PCOS) machines to be used in the 2016 polls.

The Comelec – BAC is set to open the Second Stage of bidding later this month, where bidders will be presenting their respective Final Technical Proposals and Financial Proposals for the OMR contract. (PNA)

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