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Comelec cancels P690-M contract for ballot folders


Amid allegations of overpricing, the Commission on Elections (Comelec) on Monday canceled the awarding of the P690-million contract for the supply and delivery of the ballot secrecy folders that will be used in the May 2010 polls. The decision was announced a day after Senate Minority Leader Aquilino Pimentel Jr. revealed that the poll body bought nearly two million ballot secrecy folders at an overpriced rate of P380 each. Last March 8, the Bids and Awards Committee (BAC) of the Comelec recommended the awarding of the contract to the OTC Paper Supply company for 1,815,000 pieces of 25-inch long secrecy folders that are supposed to hold the ballots on election day. But in a three-page resolution promulgated Monday, the poll body recalled the awarding of the contract, which had yet to be signed, saying that it had found some irregularities in the deal. 'Extravagant' folder

A sample of the controversial ballot secrecy folder that was priced at P380 each. - Kim Tan
The Comelec said they discovered after a "re-deliberation" that the purchase price of P380 per ballot secrecy folder is "extravagant beyond the ordinary needs of the Commission," prompting Comelec chairman Jose Melo to refuse the signing of the purchase order. "Malaking amount yan at titingnan natin kung ano gagawin... in fact 'di ko pa pinirmahan ang purchase order dahil dito (That's a big amount and we're trying to find out what we should do... in fact I did not sign the purchase order because of that)," Melo said in a radio interview early Monday. Aside from the problem with the price, the resolution also said the number of folders recommended for purchase exceeded the total number needed during the elections. The Comelec said they were "insufficiently informed" that the computation used by the BAC was a multiplication of the number of clustered precincts, which it thought was 82,500, by the number of ballot secrecy folders required in each clustered precinct. Under Comelec Resolution 8786, there should be 22 folders per clustered precinct. There are 76,340 clustered precincts in the upcoming elections, which means the poll body only needs 1,679,480 million folders or 135,520 folders less than the number specified in the contract. "Upon closer review... it was discovered that the BAC recommendation was a product of incomplete staff work," it said. Not yet over for OTC However, Comelec spokesman James Jimenez said the cancellation of the current contract does not mean the OTC would not supply the folders anymore. He said the Comelec might enter into negotiations with the company because it is the only one that can supposedly produce the 25-inch folders. "The specs (of the folder) are very specific... no one actually makes those... OTC is the only one who can make it," he said. In 2008, the Comelec awarded the contract for the thumbprint and fingerprint takers used for biometric records of voters to the OTC. In a press briefing Monday, Jimenez said the poll body had been investigating the matter for sometime. "This is not in response to any expose or revelation. This is part of the regular process... somebody made a mistake, we caught it, and now we're fixing it," he said. The investigation is spearheaded by the poll body's Project Management Office, which heads the automation project, Jimenez said. He said the poll body official still has to determine who is at fault. "It would appear that some necessary staff work might not have been done properly... (but) we haven't found everything yet. We are in the process of reviewing that," he added. No investigation? Comelec law department head Ferdinand Rafanan said there are poll body officials who need to do some explaining, including Executive Director Jose Tolentino who supposedly recommended the OTC for the award. "I think the (Comelec) en banc was misled," he told reporters in a separate interview. But Tolentino denied any misconduct, and also said he is not aware of any investigation being conducted by the Comelec. "There is no resolution saying that we have to investigate," he said in another interview. He added that he found nothing wrong in the price of the ballot secrecy folders that were supposed to be purchased. "If you look at the materials that were used, I think the price is more or less reasonable," he said. But when asked to explain what kind of material will be used for the folders, he said the BAC would be able to explain the matter in greater detail. Jimenez said if it is proven that there was a deliberate attempt to manipulate the contract, those responsible would be "dealt with according to the law," specifically Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. He said the Comelec would follow Republic Act 9184 or the Government Procurement Reform Act in securing a new arrangement with the supplier of the ballot secrecy folders. The law was crafted to ensure the most competitive price for the government, promote transparency in procurement procedures, and establish a system of accountability for public officials and contractors. - YA, GMANews.TV