At least one group is seeking the disqualification of San Miguel Corp.’s Optimal Infrastructure Development Inc. in the bidding for the 47-kilometer Cavite-Laguna Expressway (Calax) public private partnership (PPP) project for allegedly submitting a non-compliant bid on Monday.
In response to a request by the Department of Public Works and Highways (DPWH), Metro Pacific Tollways Corp. said San Miguel’s proposal did not contain a valid bid security, a bond that protects the government in case a winning bidder decides not to proceed with the project. Metro Pacific, a rival of San Miguel, focused on the latter’s bid bond validity, which expires on Nov. 25, meaning it is only valid for 176 days instead of the 180 days required under the rules, a letter submitted to DPWH and released to the media showed. Optimal Infrastructure’s bid security should have been valid until Nov. 29 and its bid should thus be disqualified, it said.
“[Optimal Infrastructure’s] submission of a noncompliant bid security is a material violation of the BOT [Build Operate Transfer] Law and the ITB [instruction to bidders] and amounts to a submission of a non-responsive bid, which warrants the automatic rejection of [Optimal Infrastructure’s] entire bid proposal,” the company said. Other groups were also asked to weigh in on the matter, which was identified Monday as the technical proposals were opened at the headquarters of the DPWH.
At stake is the chance to bag the 47-kilometer Cavite-Laguna Expressway, which aims to provide a faster connection between the aforementioned provinces and to Metro Manila. All four prequalified groups made offers for the project, citing the tollroad’s attractive prospects.
“We didn’t complain but sent a letter in compliance with the DPWH’s request for a written manifestation,” Isaac David, president of Calax bidder MTD Philippines, said in a text message yesterday. “We leave it to the best judgment of the SBAC [special bids and awards committee of the DPWH].”