MANILA, Philippines–Conglomerate San Miguel Corp. (SMC) made good on its threat to contest its disqualification in the bidding for the P35.4-billion Cavite Laguna Expressway (Calax), a toll road public-private partnership (PPP) deal, due to a technicality.
It sent an appeal on Friday to President Aquino, documents obtained by the Inquirer showed.
The move was mainly aimed at seeking the reversal of its disqualification by the special bids and awards committee (SBAC) of the Department of Public Works and Highways (DPWH) on June 11 and to consider SMC-backed Optimal Infrastructure Development Inc.’s offer of P20.1 billion, which would have been the highest offer for the yet-to-be awarded toll road.
In this case, the forgone revenue is P8.45 billion, the difference between Optimal Infrastructure’s offer and that of front-runner Ayala-Aboitiz Group’s Team Orion, which offered P11.659 billion when bids were opened on June 13. Team Orion edged out offers by Metro Pacific Tollways and Malaysia’s MTD Group.
Optimal Infrastructure was disqualified after its P355-million bid security was found four days short of the 180-day requirement even after its issuing bank, ANZ, clarified the matter and certified that the bid security was valid.
It then took the unusual step during the bid opening on June 13 to make a public announcement and to reiterate its threat of a legal challenge.
That finally came on June 27 through a memorandum of appeal to Aquino filed against the DPWH, including Public Works Secretary Rogelio Singson and members of the SBAC, as well as PPP Center executive director Cosette Canilao. The Inquirer obtained a copy of the appeal on Tuesday.