WIN FOR BRILLANTES. The Supreme Court upheld the CF card contract between the Commission on Elections and Smartmatic.

MANILA, Philippines - The Supreme Court on Tuesday, February 26 junked a petition questioning the move of the Commission on Elections to award a P45-million supply contract of compact flash cards to multinational firm Smartmatic through negotiated bidding.

According to the SC Public Information office, the SC dismissed the petition filed by the LDLA marketing chief executive officer Norlito Domantay because he should have filed a motion for reconsideration first at the Comelec before going to the High Court.

Domantay filed the petition in January 2013 after the Comelec issued Resolution No. 9600 in December 2012 which awarded Smartmatic the contract through negotiated bidding in January. Smartmatic will supply 82,200 CF cards for the 2013 midterm elections

Comelec disqualified LDLA marketing, which submitted the lowest bid for the CF supply card at P33.5 million for failing to comply with the requirements on "the Statement of Ongoing and Completed Contracts and Net Financial Contracting Capacity."

Comelec disqualified the second lowest bidder though and has to resort to negotiated bidding with Smartmatic-TIM.

LDLA marketing said this violates Republic Act 9184 or the Government Procurement Act which states that "the Procuring Entity shall ensure that the approved budget for the contract reflects the most advantageous prevailing price for the government."

Comelec chairman Sixto Brillantes previously said that the Comelec though only went for negotiated bidding after the two failed biddings.

The SC said that LDLA should have exhausted all administrative remedies first before going to the High Court. - Rappler.com