cmo
11/09/09, 11:52 PM
This is definitely due to lack of knowledge... by Comelec!
Another suit filed on poll automation
BY EVANGELINE DE VERA
THE Concerned Citizens Movement (CCM) yesterday filed a supplemental motion for reconsideration before the Supreme Court against the implementation of the P7.2-billion poll automation contract between the Comelec and Smartmatic-Total Information Management consortium.
The group said Smartmatic will not be able to comply with the July 10, 2009 automation contract because of its failure to provide telecommunications facilities – both satellite and land-based – that will assure 100 percent communications coverage at all times during the May 2010 elections, as required by the contract.
The group said Smartmatic resorted to subcontracting the manufacture of the Precinct Count Optical Scan (PCOS) machines, first to Jarl-Tech, and now to a Taiwan-based electronics company known as Quisdi.
They said this violates not only Comelec’s bidding rules but also the provisions of R.A. 9184, or the Government Procurement Reform Act.
UP professor Harry Roque, CCM convenor, said the absence of a satellite link transmission system may prompt Smartmatic to seek additional funds to provide for these facilities.
The group said technical specifications during the bidding of required "100 percent communications transmission coverage."
"Anything less than this is in violation of the terms and provisions of the contract," it said.
"Hence, where will private respondents, which are proprietary corporations, get the money for the building of these telecommunications facilities? Logic only points to one conclusion: private respondents will not be able to provide for these telecommunication facilities in areas where these are wanting," it said.
NBN-ZTE whistleblower Rodolfo "Jun" Lozada, the IT expert commissioned to review the contract, has said it would take about P2 billion to complete the 100 percent coverage of satellite communication.
"This failure of Smartmatic to provide a budget for satellite communication despite its knowledge that the country does not have nationwide GPRC telecommunications facility proves that it would be impossible for both the Comelec and Smartmatic to provide for 100 percent automated elections in 2010," Roque said.
Roque said R.A. 9184 specifically required that "any subcontracting arrangements made during the project implementation and not disclosed at the time of the bidding shall not be allowed."
Roque said this practice is not allowed because of the need to hold the manufacturers directly liable to answer for product warranty defects, while the change in manufacturer is considered a major change in the contract specification required by Comelec in its requests for proposals.
"If allowed, it would be most unfair to the losing bidders and the Filipino people as it is as if the contractor was allowed to dictate new terms of contract when a bidding is precisely to ensure that the people enjoy the best terms and conditions of contract pursuant to specified requirements," he said.
The CCM last August asked the SC to nullify the poll automation contract.
The High Court in early September upheld the contract but Comelec asked Smartmatic to withhold the manufacturing of the PCOS machines until the SC comes out with a final ruling.
Comelec chair Jose Melo admitted he has been having sleepless nights despite the assurance of Smartmatic that it can provide the required 82,000 PCOS machines.
"Ang sabi ng Smartmatic-TIM, they can do it. But until I see it (PCOS machines), I’m worried," Melo told reporters.
"Aside from the machines needing to be delivered here, they have to be tested pa. E kung kunyari dumating yung 82,000 tapos hindi naman talaga na-test, all of those have to be tested… do we go partial manual, partial automated?" he furthered.
"We are still not out of the woods," he said. – With Gerard Naval
source (http://www.malaya.com.ph/11102009/news3.html)
Another suit filed on poll automation
BY EVANGELINE DE VERA
THE Concerned Citizens Movement (CCM) yesterday filed a supplemental motion for reconsideration before the Supreme Court against the implementation of the P7.2-billion poll automation contract between the Comelec and Smartmatic-Total Information Management consortium.
The group said Smartmatic will not be able to comply with the July 10, 2009 automation contract because of its failure to provide telecommunications facilities – both satellite and land-based – that will assure 100 percent communications coverage at all times during the May 2010 elections, as required by the contract.
The group said Smartmatic resorted to subcontracting the manufacture of the Precinct Count Optical Scan (PCOS) machines, first to Jarl-Tech, and now to a Taiwan-based electronics company known as Quisdi.
They said this violates not only Comelec’s bidding rules but also the provisions of R.A. 9184, or the Government Procurement Reform Act.
UP professor Harry Roque, CCM convenor, said the absence of a satellite link transmission system may prompt Smartmatic to seek additional funds to provide for these facilities.
The group said technical specifications during the bidding of required "100 percent communications transmission coverage."
"Anything less than this is in violation of the terms and provisions of the contract," it said.
"Hence, where will private respondents, which are proprietary corporations, get the money for the building of these telecommunications facilities? Logic only points to one conclusion: private respondents will not be able to provide for these telecommunication facilities in areas where these are wanting," it said.
NBN-ZTE whistleblower Rodolfo "Jun" Lozada, the IT expert commissioned to review the contract, has said it would take about P2 billion to complete the 100 percent coverage of satellite communication.
"This failure of Smartmatic to provide a budget for satellite communication despite its knowledge that the country does not have nationwide GPRC telecommunications facility proves that it would be impossible for both the Comelec and Smartmatic to provide for 100 percent automated elections in 2010," Roque said.
Roque said R.A. 9184 specifically required that "any subcontracting arrangements made during the project implementation and not disclosed at the time of the bidding shall not be allowed."
Roque said this practice is not allowed because of the need to hold the manufacturers directly liable to answer for product warranty defects, while the change in manufacturer is considered a major change in the contract specification required by Comelec in its requests for proposals.
"If allowed, it would be most unfair to the losing bidders and the Filipino people as it is as if the contractor was allowed to dictate new terms of contract when a bidding is precisely to ensure that the people enjoy the best terms and conditions of contract pursuant to specified requirements," he said.
The CCM last August asked the SC to nullify the poll automation contract.
The High Court in early September upheld the contract but Comelec asked Smartmatic to withhold the manufacturing of the PCOS machines until the SC comes out with a final ruling.
Comelec chair Jose Melo admitted he has been having sleepless nights despite the assurance of Smartmatic that it can provide the required 82,000 PCOS machines.
"Ang sabi ng Smartmatic-TIM, they can do it. But until I see it (PCOS machines), I’m worried," Melo told reporters.
"Aside from the machines needing to be delivered here, they have to be tested pa. E kung kunyari dumating yung 82,000 tapos hindi naman talaga na-test, all of those have to be tested… do we go partial manual, partial automated?" he furthered.
"We are still not out of the woods," he said. – With Gerard Naval
source (http://www.malaya.com.ph/11102009/news3.html)