Disqualified bidder files petition for temporary restraining order vs Palace

MANILA, Philippines - A disqualified bidder to supply parts and services for helicopters in Malacañang has asked a Manila court to stop the Office of the President (OP) from “direct contracting” with another company.

In applying for a 20-day temporary restraining order, Asian Aerospace Corp. told the Manila Regional Trial Court the contract between the OP and Hawker Pacific Asia PTE Ltd. for the repair, overhaul, maintenance, inspection and/or supply of parts for Bell 412 Helicopters is void.

A hearing on the case had been set for yesterday morning, but was postponed to March 5.

The petition, co-signed and verified by Misael de Vera, Asian Aerospace Corp. assistant vice president for business development, was filed last Feb. 26, 2009.

Court records show Asian Aerospace was disqualified and Hawker Pacific won the bid to service the Bell helicopters of Malacañang.

Asian Aerospace said the direct contracting with Hawker Pacific would be manifestly and grossly disadvantageous to the government in violation of Republic Act 9184 and its implementing rules and regulations.

Raymundo Quiroz, counsel for Asian Aerospace, said “such manifest partiality and evident bad faith” was intended to ease out its client from participating in the procurement of services for the repair, overhaul, maintenance, inspection and/or supply of parts for Bell helicopters of Malacañang.

It is in complete violation of RA 9184 and its implementing rules and regulations, Commonwealth Act 138 and the Government Procurement Policy Board Resolution No. 018-2005, as well as Administrative Order No. 227, he added.

Asian Aerospace also asked the court to issue a TRO against other contracts for the procurement of services for the repair, overhaul, maintenance, inspection and/or supply for parts for Bell 412 helicopters entered into by Executive Secretary Eduardo Ermita and all persons acting for and in behalf of Hawker Pacific, and other contractors, by direct contracting. – Sandy Araneta