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    Querubin Et. Al. v. Smartmatic JV

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    AntonJohnVincentFrias
    This document summarizes a legal case regarding a bidding process for an election management system. Smartmatic JV submitted a bid but was initially disqualified during post-qualification due to one of the company's pending application to amend its articles of incorporation. However, the technical committee later found that Smartmatic JV met all technical requirements. The case addresses whether Smartmatic JV was eligible and whether one of the joint venture partners was actually a foreign company in violation of rules. The court ultimately held that Smartmatic JV was eligible and could validly undertake the project.

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    Querubin Et. Al. v. Smartmatic JV

    Uploaded by

    AntonJohnVincentFrias
    260 views2 pages
    This document summarizes a legal case regarding a bidding process for an election management system. Smartmatic JV submitted a bid but was initially disqualified during post-qualification due to one of the company's pending application to amend its articles of incorporation. However, the technical committee later found that Smartmatic JV met all technical requirements. The case addresses whether Smartmatic JV was eligible and whether one of the joint venture partners was actually a foreign company in violation of rules. The court ultimately held that Smartmatic JV was eligible and could validly undertake the project.

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    This document summarizes a legal case regarding a bidding process for an election management system. Smartmatic JV submitted a bid but was initially disqualified during post-qualification due to one of the company's pending application to amend its articles of incorporation. However, the technical committee later found that Smartmatic JV met all technical requirements. The case addresses whether Smartmatic JV was eligible and whether one of the joint venture partners was actually a foreign company in violation of rules. The court ultimately held that Smartmatic JV was eligible and could validly undertake the project.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    260 views2 pages

    Querubin Et. Al. v. Smartmatic JV

    Uploaded by

    AntonJohnVincentFrias
    This document summarizes a legal case regarding a bidding process for an election management system. Smartmatic JV submitted a bid but was initially disqualified during post-qualification due to one of the company's pending application to amend its articles of incorporation. However, the technical committee later found that Smartmatic JV met all technical requirements. The case addresses whether Smartmatic JV was eligible and whether one of the joint venture partners was actually a foreign company in violation of rules. The court ultimately held that Smartmatic JV was eligible and could validly undertake the project.

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    Leo Querubin et. al. v. COMELEC, and Joint Venture of Smartmatic-Tim Corp.

    ,
    Total Information Management Corp., Smartmatic International Holding BV
    Corp., and Jarlatech International Corporation

    Facts:

    The Commission on Elections (COMELEC) En Banc released bidding


    documents for a two stage Bidding for the lease of election management
    system and precinct based optical mark reader. Thus the call for submission of
    bids by the COMELEC Bids and Awards Committee (BAC)

    The joint venture of three corporationsSmartmatic-TIM Corporation


    (SMTC), Smartmatic International, and Jarltech (collectively called Smartmatic
    JV) responded to the call for bidding. It also submitted its bid for the project.

    Smartmatic JV informed BAC that SMTC has a pending application with


    SEC to amend its AoI. It might have passed the pre-evaluation stage, but
    because of that fact of pendency, it was disqualified at the post-qualification
    stage;

    Thus its motion for reconsideration but was denied for failure to comply
    with the technical requirements.

    Thus the protest praying that it prove such technical requirements before
    the Technical Evaluation Committee (TEC) of COMELEC. Such Committee found
    that Smartmatic JV finally met the requirements.

    The COMELEC En Banc adopted said TEC findings and granted the protest
    of Smartmatic JV. It also declared it as the bidder with the lowest calculated
    responsive bid.

    Thus the petition by Querubin et al.

    Issue:

    1. Is Smartmatic JV eligible?

    2. Does SMTC no longer have a valid corporate purpose holding 46.5% of


    Smartmatic JVs shares, under s. 14, BP 68?

    3. Is SMTC is 100% foreign owned and has limited corporate purpose thus
    it misrepresented itself to the BAC?

    Held:

    Yes.

    First, the Articles of Incorporation is not an eligibility requirement in the


    A. Pre-qualification stage as shown by:

    1. The 23.1 (b), RA 9184 (Government Procurement Reform Act)


    2. Instruction to Bidders
    3. Bid Data Sheet includes:

    *Legal Documents: Registration Certificate Form, Mayors Permit,


    Tax Clearance; and
    *Technical Documents: Statement of all contracts, of completed
    largest contracts, Bid Security
    *Financial Documents: Audited financial statements, NFCC
    Computation
    *Other Documents: Approved TOR, Certification from the Election
    Authority, Omnibus Sworn Statement

    4. Checklist of Requisites; and

    B. Post-qualification stage as shown by the Instruction to Bidders.

    Second, Smartmatic JV may validly undertake the project to be procured


    because:

    1. It still has subsisting rights and duties after the 2010 National and
    Local Elections because COMELEC failed to return the SMTCs performance
    security under the Automated Elections System (AES) Contract

    The rule is that one provision in the contract is enough to prove that the
    contract subsists, and;

    Article 8.8, AES Contract


    2.

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