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CITY OF BAGUIO v. PIO R. MARCOS

This case has been cited 1 times or more.

2009-09-10
VELASCO JR., J.
Among the submitted bids was that of the joint venture (JV) of TIM and Smartmatic, the former incorporated under the Corporation Code of the Philippines. Smartmatic, on the other hand, was organized under the laws of Barbados.[26] For a stated amount, said JV proposed to undertake the whole automation project, inclusive of the delivery of 82,200 PCOS machines. After the conclusion of the eligibility evaluation process, only three consortia[27] were found and thus declared as eligible. Further on, following the opening of the passing bidders' Bid Envelope and evaluating the technical and financial proposals therein contained, the SBAC, per its Res. No. 09-001, s.-2009, declared the above-stated bid of the JV of TIM-Smartmatic as the single complying calculated bid.[28] As required by the RFP, the bid envelope contained an outline of the joint venture's back-up and continuity or contingency plans,[29] in case of a systems breakdown or any such eventuality which shall result in the delay, obstruction or nonperformance of the electoral process.