Losing bidder asks SC to nullify CF cards contract of Smartmatic-TIM

January 17, 2013 10:55 pm 

MANILA, Jan. 17 — A losing bidder Thursday filed a petition before the Supreme Court seeking to nullify the contract awarded by the Commission on Elections to Smartmatic-TIM for the supply of compact flash cards to be used in the May 13, 2013 elections.

In a 13-page petition for certioriari, mandamus and prohibition, the LDLA Marketing, represented by Norlito Domantay, asked the SC to issue a temporary restraining order to stop the scheduled supply by Smartmatic of unbranded CF cards to Comelec.

LDLA questioned Comelec Resolution No. 9600 dated Dec. 27, 2012 allegedly because it violates Republic Act 9184 or Government Procurement Reform Act.

The petitioner argued grave abuse of discretion was committed on the part of Comelec when it awarded through a negotiated procurement the contract for the CF cards to Smartmatic.

According to LDLA, the bid of Smartmatic was higher by P12 million for the generic CF cards amounting to P45.2 million compared to their offer of branded CFs amounting to P33.5 million only.

LDLA said it was a clear violation of RA 9184, which provides that the State should ensure to get the most advantageous price for service or procurement of equipment.

Likewise, LDLA also asked the SC to order the Comelec to award to them the contract for the supply of CF cards. (PNA)



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