Finally the tender for the DOTC LTO IT project can proceed. Let’s hope we can get some Australian companies participating maybe in partnership with local companies.
From BusniessWorld Philippines
October 03, 2012
DoTC gets OK to bid out P8-B IT project for LTO
THE COURT of Appeals (CA) has given the Department of Transportation and Communications the go-ahead to bid out a multi-billion peso project, saying opposing parties were in no position to request an injunction, the agency said in a statement yesterday.
The Transportation department said the appellate court reversed an earlier ruling of the Quezon City Regional Trial Court (RTC) stopping the agency from bidding out a P8.22-billion project for the Land Transportation Office’s (LTO) information technology solutions.
“In a 19-page decision, CA’s 17th Division ordered to dissolve the preliminary injunctions issued by Judge Afable [E.] Cajigal of QC (Quezon City) RTC Branch 96, saying the parties that asked for a halt in the bidding process — Amalgamated Motors Philippines, Inc. (AMPI) and Realtime Data Management Services, Inc. (RDMSI) — have ‘no clear legal rights’ to request for an injunction,” the Transportation department said, citing a CA ruling promulgated on Oct. 2.
AMPI is the manufacturer of driver’s license cards for LTO.
In May 2010, the LTO announced the bidding for the procurement of driver’s license cards. AMPI and RDMSI both purchased bid documents.
However, when former Transportation Secretary Jose P. de Jesus assumed office in June 2010, he suspended and ordered a review of the project. He then created a Special Bids and Awards Committee (SBAC) to handle the project.
In December 2010, the SBAC issued a new invitation to bid for the project. RDMSI questioned the legality of the SBAC, and asked the court to determine its rights as a bidder since it already purchased bid documents for the project. The court granted RDMSI’s petition for TRO.
In April this year, the Transportation department offered a more comprehensive project — an P8.22 billion IT solution and infrastructure project for LTO, which also covers the procurement of driver’s license cards.
“It was AMPI’s turn to go to court to seek for an injunction. The court, on June 1, 2012, ruled in favor of AMPI,” DoTC’s statement read.
On June 14, the Office of the Solicitor General (OSG) asked the appellate court to junk the injunction.
The CA, in a ruling penned by Associate Justice Florito S. Macalino, agreed with the OSG.
“RDMSI and AMPI are not entitled to the writs of injunction issued by the trial court because they do not have clear and unmistakable right, which must be protected,” the Transportation department said, quoting the CA order.
The department further quoted the CA ruling as saying: “RDMSI and AMPI are mere potential or future bidders as indeed, there is no bid or signed offer or proposal by them in response to the bidding documents.” — Cliff Harvey C. Venzon