A locally-incorporated Korean firm wants the government to stop the proposed public bidding of the P 1.72 billion automated face collection system intended for Manila's light rail transit lines under a bidding process.
Kystek Corp., which specializes in building secure information-technology (IT) infrastructures, bared a claim that it has a standing unsolicited proposal accepted and on file at the Department of Transportation and Communication that should prevent the agency from bidding out the project.
The Korean firm is 40 percent owned by Koreans famed for their expertise in cryptology and secure IT systems.
Kystek Corp. president Dong-Ho Yu said an unsolicited proposal may not be disregarded but may be upended by a Swiss challenge where competitors try to dislodge the original proponent with a more competitive offer.
Kystek Corp. as original proponent has the right to match any competing offer.
What happened instead was that the DOTC, ostensibly after having entertained the Korean unsolicited proposal, adopted the unsolicited proposal including its accompanying feasibility studies.
According to the Korean executive, the DOTC accepted their unsolicited proposal since November 21, 2011 but has sat on it ever since.
He said under the Build Operate Transfer (BOT) Law, Kystek's unsolicited proposal legally hinders the government agency from pushing through with the planned public bidding.
As proponent of an accepted and approved unsolicited proposal, the Korean firm should be treated as original proponent and subject their offer to the Swill challenge instead.
Thus far, the DOTC has pushed forward two deadlines within which AFTC proponents must submit qualification documents in time for the project's public bidding set for July this year.
Each postponement was meant to give bidding participants "more time to prepare their qualification documents," according to DOTC Undersecretary Jose Perpetuo Lotilla.