NAIA 3 to be fully operational by Christmas

Monday, 02 August 2010 14:30 Fidelis Angela Tan

The Ninoy Aquino International Airport Terminal 3 (NAIA 3) should be fully operational by December 2010, said President Benigno Aquino III on Sunday.

The airport terminal, which was completed in 2006, remained unused for years before opening in partial capacity for selected domestic flights in 2008 (for Cebu Pacific and Philippine Airlines (PAL) subsidiaries Air Philippines and PAL Express). The project has been controversial for featuring in arbitration cases both in the United States and Singapore, as well as for numerous technical concerns.

A point of contention arose between the Philippine International Air Terminals Co. (Piatco) and the Philippine government, when Piatco’s “build-operate-transfer” contract was cancelled by President Gloria Macapagal-Arroyo in 2002, on the ground that unauthorized amendments were renegotiated back in 1998.

In December 2005, the Supreme Court (SC) ordered the government to pay the Piatco consortium P3 billion (USD58.8 million) as compensation if it wished to take over terminal operation. The government won an injunction against the order, but this was later lifted by an appeals court.

Recently however, the International Chamber of Commerce (ICC) in Singapore favored the Philippine government in the arbitration case regarding the NAIA-3 contract.

A similar resolution was reached by International Center for Settlement of Investment Disputes (ICSID) on the complaint of German investor Fraport AG, a member of the Piatco consortium.

“It is significant that in both of these arbitration cases they have lost and the government and the people have won and now they are now [going to] go back to our court system to be guided under our laws," Aquino said during a press conference at the La Salle Greenhills gymnasium.

“I'm waiting for a briefing on the details to move it forward so that Naia 3 can be used to its maximum capacity in time, and we’re targeting at the very least for the Christmas holidays.”

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Federico Sarmiento 04 August 10, 04:03 PM

AFP SCAMS: SWINDLERS, PLUNDERERS AND TAX EVADERS In the AFP Modernization Program

The Project/s: AFP CAPABILITY UPGRADE PROGRAM (CUP) Communications Equipment Offered by Israel - The Armed Forces of the Philippines Fixed Communications System

Request for Investigation / Report on AFP Anomalies: This is NOT part of the so-called Midnight Deal, but should be included in the AFP DND investigation because this is now "due for payment to suppliers." During the Arroyo administration, the "civilians" were appointed in AFP DND to handle the procurement. Unfortunately, these "civilians" who were expected to exercise "a level playing field" were the ones caught in the act violating the RA 9184 and IRR; they were even the Number One violators of their so-caled "follow the rule of law"; such massive irregularities in the bidding process grossly disadvantageous to the Philippine Government. PLEASE SCRUTINIZE THEIR DOCUMENTS AND YOU WILL FIND THAT THE WINNERS HAVE COMMITTED FRAUD AND PROVIDED MISLEADING INFORMATIONS. DND BAC proclaimed a Winner by Fraud (DID NOT participate the bidding !).

A Fraudulent Joint-Venture Agreement "JVA" FIASCO !

Disguising corruption: The suppliers/agents/lobbyists, and other third-party representatives designed a SHAM joint venture with an Israel vendor shortly after the entire bidding was carried out (one partner of the JV, DID NOT even participate the bidding process) and the agents are then seen using PLM foundations to disguise the sources of illegally obtained funds and to hide bribery and unexplained bank deposits to pay bribes and evade taxes; to hide off-the-book accounts and other accounting irregularities; the PLM foundations as repositories of the ill-gotten wealth.

DEAR PRESIDENT NOYNOY AQUINO

You said in your well-applauded inaugural address on June 30 "We will fight corruption (also, in AFP, you will scrutinize the controverial biddings in the AFP Modernization Program undertaken by DND BAC, review the Conduct of Bidding Process, Notice of Awards and Contracts)," and said so that we, the Filipino people, can bring our concerns to you directly because, borrowing your own words, we are "your boss." May we report to you the current Issues the MassIVE BIDDING & AWARDING IRREGULARITIES in the utilization of the AFP Funds- the AFP Modernization Program Fixed Communication System Projects which is now DUE FOR PAYMENT TO THE SUPPLIERS: The DND BAC awarded the contract to suppliers with a "defective" JVA (Joint Venture Agreement). Defective because aside from the fact that Datatrail Corporation did not participate the bidding and no eligibility documents, there are traces of influence peddlings, treacherous collusion among suppliers and obvious railroading of the AFP projects to favored suppliers under this defective fraudulent JVA.

In the spirit of non-partisanship and enlightened national interest, we hope you will not fail us SPEED UP THE INVESTIGATION of this AFP Modernization Program SCAM.

Please bring this to the right concerned agency or body for immediate attention and action, to truly eradicate the culture of corruption that took root in the military organization in cahoots with unscrupulous individuals. And more power to your organization recognized to have absolute professional journalistic responsibility of reporting the facts, consistently delivering a fair and balanced reporting and conscientiously serve in best interest of the Filipino people.

SPEED UP the AFP Modernization Program or speed up the Corruption ?

BEWARE OF Microwave radio manufacturer CERAGON NETWORKS ISRAEL engaging in anomalous deals in cahoots with these big-time FIXERS they bagged the Contracts worth Billion Pesos from the AFP Modernization Fund thru Fraud. There's grand conspiracy going on right now, exactly the same as the recent NBN/ZTE deal Scam ! And like ZTE of China, CERAGON NETWORKS ISRAEL is liable to be punished to the full extent of the law, BE BLACKLISTED for the offence, being part of the dummy corporation set up as PART OF THE FRAUD SCHEME. Watch this group of "big-time fixers" continues to peddle INFLUENCE as investigation on DND irregularities are going on, influencing decisions and wield unfair advantage through lobbying and advocacy. We are afraid that these fixers may soon get away scot-free. PLEASE SCRUTINIZE THEIR FRAUDULENT JVA they cannot deny that nothing untoward happened after all their intentional misrepresentations made. CAVEATS : We just learned that Contract Awards still intact with Ceragon Networks Israel engaging in fraud-ridden JVA arrangement. Nasaan na po ba yung daang matuwid ? And like ZTE China, what will be your action against Ceragon Networks Israel for this CRIMINAL LIABILITY ? There's conspiracy of silence around such supplier-driven anomalous deals and corruption in the AFP and the fixers are happy.

Attention to our dear Senators and our President P-Noy, please STOP the Payment immediately and SCRUTINIZE the Filipino contractor Datatrail Corp. JVA with Ceragon Networks Israel which is DUE FOR PAYMENT ANYTIME NOW. It was DND-BAC ASEC Othelo Carag who acted unfavorably grossly disadvantageous to the Philippine government, a WILLING VICTIM hastily favored the questionable Datatrail Corp. JVA with Ceragon Networks Israel. Datatrail Corp. did not submit the required Legal / Eligibility documents and DND BAC did not follow/implement the basic standards and the Rule of Law pertaining to the latest revisions on RA 9184 and IRR on JVA. Notice that Datatrail Corp. was never mentioned to have participated the bidding and DND BAC was VERY SILENT about Datatrail Corp.'s qualifications a private Filipino contractor with NO history qualifications (no financial and technical records of telecom projects microwave and PBX; in connivance with DND BAC entirely bypassed the non-discretionay pass/fail criteria based on RA9184 and IRR requirements, the proclaimed Winner simply because they have DND Connections !).

Are we going to allow a one-million-peso corporation a PhP 55,000 taxpaying company to bag the Billion pesos AFP contracts ?

The lone Witness: The JVA letter and Notice of Award to a Filipino private contractor Datatrail Corp. Winner without documents, in conspiracy and collusion with Ceragon Networks Israel. Both suppliers and other unscrupulous representatives/beneficiaries should be BLACKLISTED and CRIMINALLY CHARGED for grave conspiracy, bid price fixing, falsification of documents, estafa, pretenses and misrepresentations and violation of Government Procurement Act RA9184 and IRR on JVA.

Are we going to allow another NBN/ZTE Scam ? This time, the Project: AFP Modernization Program for Fixed Communications System SCAM !

These suppliers (representatives from Ceragon Networks Israel, Datatrail Corp. and Alcatel) are currently busy with their bank accounts being coursed thru a foundation, can we ask them to explain to the Senate Investigating Body "how" they were able to bag the AFP FCS Projects "without the eligibility legal documents" and ENTIRELY BYPassING THE BIDDING STAGES 1 & 2 VITAL FOR THEM TO BECOME ELIGIBLE TO BID. We appeal to our Pres. P-Noy to SCRUTINIZE the documents of this winning Filipino private contractor Datatrail Corp. because they won the project by FRAUD. JVA without eligibility documents IS a CRIME; Datatrail Corp. did not participate ANY of the bidding stages, they did not pay the Bid Security Bond yet they were able to bag the AFP FCS Project without incurring any expenses except producing the JVA Letter (the footprint of Influence Peddling !). This is a very controversial bidding because the one who did not participate the bidding ended up as THE WINNER bagging the projects !

What is worse, as if there was no daylight robbery and fraud committed, these suppliers/representatives are now ACTING LIKE THE REAL BIG WINNERS TODAY, BY FRAUD !

GRAND CONSPIRACY TO PLUNDER THE AFP FUNDS- MassIVE GRAFT AND CORRUPTION IN AFP MODERNIZATION PROGRAM, UNCOVERED:

FAST FACTS (Bid Due Dates Milestones, "Switching" of Winners and Opening of Bank Accounts of Suppliers and Accomplices to secure their Kickbacks, or the so callled "Tong-pats")

1/ December 1, 2004
New DND Team of Executives was appointed by then DND Sec. Avelino Cruz.

2/ March 18, 2005
1ST Stage Bidding, held on Mar. 18 (THIS IS HIGHLY QUESTIONABLE: A "Failure of Bidding" was declared by DND BAC; note that most of the Bidders have complied all the Eligibility Requirements; the bidders felt that Ceragon Networks Israel and Datatrail Corp. were not able to participate this Bidding why a Re-bidding was called -- so they are given a chance to participate)

3/ September 8, 2005
1ST Stage Bidding, held on Sept.8 (Submission of Eligibility Documents) : Alcatel Phils., Inc., Lucent Technologies, Nera Phils. and Ceragon Networks

4/ October 20, 2005
2ND Stage Bidding, held on Oct. 20 (Submission of Technical and Financial Documents and Proposals; and payment of Bid Security Bond): Alcatel Phils., Inc., Lucent Technologies, Nera Phils. and Ceragon Networks

5/ November 2005 THE SO-CALLED "SWITCHING OF WINNERS" THRU "JVA"
DND BAC released a statement thru a Supplementary Bulletin, sometime in November 2005, announced that Ceragon Networks Israel and Datatrail Corporation that "they" were "actually" in "Joint Venture Agreement."

Here, one Filipino private company "Datatrail Corporation" began to appear and INSTANTLY PROCLAIMED BY DND BAC AS "THE WINNER !" DND BAC acted like the late Ms. Viveka Babajee, the Miss Mauritius, proclaiming Winners illegaly- i.e., by simply "swinging / switching of Winners !"

6/ April 27, 2006
Datatrail Corporation, the "self-proclaimed Winner", published false informations in the Philippine Star, surprised everyone "to have bagged the AFP Fixed Communications System projects" without ANY eligibility documents like NTC permit, no Income Tax Stamped Received by BIR, etc. and not paying the Bid Security Bond and no history qualifications in CY 2003, CY2004 and CY2005 (bid reference dates for history qualifications). False representations and misleading informations were released in the publication: Datatrail Corporation DID NOT participate ANY of the Bidding Stages 1 and 2 to become eligible to bid, not even an accredited vendor for Digitel/Sun Cellular, Globe Telecom and PLDT/Smart Communications; yet telling the public that Datatrail Corporation bagged projects in Digitel and Smart/PLDT worth more than $15 million in 16-month period. This is ABSOLUTELY FALSE, a false representation committed by Datatrail Corporation. We challenge Datatrail Corporation to provide their Income Tax Return payment from BIR and letters from Digitel and Smart/PLDT Project References for CY 2003, 2004 and 2005 since the AFP FCS bidding was held in 2005 ! ; how can they get the projects to start with if they are not even a recognized telecom supplier in the telecom industry (nobody knows them !).

Issuers of the press releases are responsible for the content of their press releases-

Not a Telecom Company nor Supplier for Digitel/Sun Cellular, Globe Telecom and PLDT/Smart:
Contrary to their press releases, Datatrail Corporation IS NOT an accredited supplier for Digitel/Sun Cellular, Globe Telecom and Smart/PLDT to-date; even a simple NTC Certificate they do not even have !

7/ October 16 2007: CORRUPTION RACKETS Dealing with Controllers, Users, Abusers and Manipulators
Registered at Securities and Exchange Commission (SEC): the "Pamantasan ng Lungsod ng Maynila Alumni association, Inc." (PLMAAI)

Jesus B. Triños, Jr. as President (Supplier for Ceragon Networks Israel, Datatrail Corp. and Alcatel in AFP) and;

Lorna M. Orbe as Treasurer (wife of Hermie Orbe, Supplier for Alcatel for AFP)

Note: Eveyone within the PLM community knew "Jesus Trinos Jr and Friends" bagged the AFP Modernization Contracts and boasting their friends the AFP Funds are available for release anytime now.

8/ October 2 2009
Herminio Orbe (Supplier for Alcatel for AFP) was appointed as PLM Scholarship Foundation as President; this PLMAAI entered into an agreement with PLM Scholars Foundation, Inc. of Jesus B. Triños, Jr. with Banco De Oro C/A# 00438017412 Metropolitan Avenue Branch Makati City (Note: the bank account placed in Makati City ! )

9/ Q3 2010
Wire Transfer/Cheque Payment from AFP Modernization Program Funds to Ceragon Networks Israel - Datatrail Corp. JVA

10/ Q3 2010
PAYMENT OF HUGE KICKBACKS OR THE SO-CALLED "TONG-PATS": THE PLAN is to Back-to-back Bank Wire Transfer Remittances from Ceragon Networks Israel - Datatrail Corp. JVA to PLM Scholars Foundation Inc. to get the Kickbacks of "Jesus Trinos and Friends" generated from AFP Modernization Program and Digitel/Sun Cellular worth Millions and Millions of Dollars in kickbacks as payment to the Fixers (In the AFP FCS Projects, whoever gets this First Phase of the the AFP Fixed Communications System automatically gets the succeeding phases worth Billions of Pesos !)

BEHIND THAT SMILEY FACE IS A HIDDEN AGENDA: They need the foundation like PLM Scholars Foundation Inc to hide their KICKBACKS and forthcoming UNEXPLAINED WEALTH DEPOSITS and for tax shield (no paper trail) purposes taking millions of dollars in kickback scheme as suppliers/business partners/accomplices for project funds generated from the AFP Modernization Program, Digitel/Sun Cellular, etc.
Will serve as their virtual bank account for deposit and withdrawal facilities.

THE PROBLEM IS: THEY GROSSLY CHEATED WHY THEY GOT THE AFP FCS PROJECTS. They are NOT the real Winners !

"THERE'S GRAND CONSPIRACY IN THE AWARDING OF CONTRACTS TO CERAGON NETWORKS ISRAEL AND DATATRAIL CORPORATION. DND BAC, CERAGON NETWORKS ISRAEL AND DATATRAIL CORPORATION GROSSLY CHEATED THE PHILIPPINE GOVERNMENT -- THERE'S SOLID EVIDENCE OF BIDDING IRREGULARITIES AS THEY GROSSLY VIOLATED THE GOVERNMENT PROCUREMENT ACT R.A. 9184 AND IMPLEMENTING RULES AND REGULATIONS (IRR). LIKE ZTE, PLEASE BLACKLIST THESE SUPPLIERS AND ACCOMPLICES."

Supplements -

Anatomy of Graft and Corruption

Three suppliers are in collusion: Jesus Trinos Jr (agent for Datatrail Corp./Ceragon Networks Israel) and Herminio Orbe (local agent and dealer for Alcatel), together they have put up several PLM Foundation Scholarship Programs as part of their working strategy to cover up their misdeeds of embezzlement, money laundering generated from fraudulent activities and the foundation will serve as a trust fund for 'their associates' profit-sharing scheme the device would pocket extremely huge amount, ranging hundred millions of pesos the projects/contracts generated from the AFP Modernization Fund.

"SYNCHRONIZED" SYNDICATED ESTAFA: Just recently, these suppliers/representatives/agents opened up their "Joint" bank accounts c/o PLM foundations which they both have newly registered at SEC (probably for tax evasion, tax shield, prevent any paper trail and money laundering purposes) so they could legally pocket the lion's share of the loot once the AFP fund is released. Also, just recently, they even use some unsuspecting personalities like PLM President Adel Tamano, Manila Mayor Alfredo Lim, Ms. Gemma Cruz-Araneta, Ms. Viel Aquino and PLM web sites with quite a number of photo ops that would make them appear to have legitimate businesses and portrayed as full fledged benefactors, in the eyes of the general public their only mission apparently is "Just here to help." Unknown to many, the PLM bank accounts will be used TO HIDE the "DIRECT RECIPIENTS" of forthcoming huge deposits, bank remittances and ill-gotten wealth (Winner by fraud won by this group of Fixers !)

http://www.plm.edu.ph/photojournal/2009-10b.html

X X X
02 October 2009

In the aftermath of Ondoy's disaster, we appeal to our generous PLM alumni and friends who have extra cash and goods to spare, to send their cash donation to:

PLM Scholars Foundation, Inc.
Banco De Oro C/A# 00438017412
Metropolitan Avenue Branch
Makati City

I will coordinate with PLM officials on the method of relief operations for victims of typhoon Ondoy. I understand they are converting the University Activity Center into a relief operations center.

PLM has canceled the activities of Pres. Adel Tamano's birthday which is today, and instead will divert all efforts at extending help to typhoon victims. We are likewise aware that other PLM alumni and employes are likewise victims themselves, and we want to extend whatever assistance we can to alleviate their sufferings.

With this, I would like to call on the PLM alumni community and friends to spare anything they can to help our fellow Filipinos and fellow alumni who are in need of help at this time.
We would appreciate for all to spread the call for help. I can be reached at: +63916-340-2321, +63908-7777-666 or +63922-889-3113.

Thank you very much.

Sincerely,

Jess Triños, Jr.
President

Note:
Through the courtesy of the Foundation President, Herminio Orbe, the PLMAAI entered into an agreement with PLMSFI to have all private cash donations and contributions be coursed through the latter's BDO account to facilitate the relief efforts needed by our fellow citizens at these trying times.

http://www.plm.edu.ph/alumni/alumni-article.html
X X X X X

With a defective "fraudulent" JVA, they are displaying the roles of Robin Hood stealing AFP's money to help a handful of their so-called PLM Scholars and then literally pocket the rest of the loot divided among themselves (bank wire transfers from AFP Modernization Fund WILL BE FORTHCOMING shall be made thru Ceragon Networks Israel - Datatrail Corp. Phils JVA); the controversial Filipino contractor Datatrail Corp. is connected with CVC Law (The Firm) !

Bank Accounts-
http://www.plm.edu.ph/alumni/alumni-article.html

and SEC Registration-
http://www.plm.edu.ph/alumni/alumni-activities.html

Here's solid evidence that Datatrail Corp. DID NOT participate the bidding.

AFP Modernization Program Fixed Communications Systems' Bid Bulletin on the Shortlisted vendors:

X X X
Fixed Communication System (stage/status: 1st stage of the 2-stage procurement mode was held last September 8, 2005; new invitation to apply for eligibility and to bid (ITAEB) will be issued on October 20, 2005)
Procurement Stage: 1st Stage – Opening and Submission of Bids
ABC: P447,360,000.00
Length of Delivery: 240 calendar days upon issuance of Notice to Proceed
Highlights : Through a Supplemental Bulletin, the deadline for submission and opening of bids for the 1st stage bidding for this project was changed from 25 August 2005 to 8 September 2005, 9:00 a.m. On the day of submission and opening of bids, 4 companies complied, namely Alcatel Phils., Inc., Lucent Technologies, Nera Phils., and Ceragon Networks. None of them failed when their eligibility envelopes were opened. During the initial evaluation of the technical proposals of the 4 bidders, the BAC declared that they all passed, yet subject to post qualification/evaluation. BAC shall formally announce in writing, through the Secretariat, the results of the evaluation. Schedule of the opening of the revised technical proposal and their financial proposals (i.e. 2nd phase of a two-stage bidding process) is scheduled on October 20, 2005 due to request of bidders for longer time to prepare revised technical proposals.

http://www.hueybravo.net/Modernization%20Projects.htm

X X X X X

Note: Based on the AFP BAC's Bid Bulletin, there were ONLY 4 Bidders, not 5; the private Filipino company Datatrail Corp. was not in the list !

A Multi-Billion Peso Question:

IN THE SPIRIT OF TRANSPARENCY: Where are the Datatrail Corp. Eligibility Legal documents, to follow the rule of law on Government Procurement Act the RA9184 and IRR, to prove that they have participated the bidding to win the Armed Forces of the Philippines Modernization Program Fixed Communication System (AFP FCS) Project ? There's solid evidence that Datatrail Corp. Philippines DID NOT participate the bidding, yet have won the Billion peso project simply by presenting a JVA letter they became an INSTANT WINNER ("switching of Winners" because of a JVA letter !)-

http://www.afpmodernization.mil.ph/annual/afpmp-annualrpt07.pdf

REP. IMEE MARCOS five years ago (published by Philippine Star Newspaper) had the SAME QUESTIONS why Datatrail Corporation had won contracts at the Bureau of Immigration and Deportation (BID) without going through the usual bidding process.

What makes this Controversial Biddings and Awardings, another AFP Modernization Program Procurement Scam:

Ceragon Networks Israel requested the Department of National Defense Bids and Awards Committee (DND BAC) for a re-bidding in CY 2005, connived and entered into Joint-Venture Agreement with a one-million-peso Filipino company called Data Trail Corporation who refused to participate the bidding, grossly violated the RA 9184 and IRR, ended up the "Winner without documents."

FRAUD WINNER: Here's the MISSING ELIGIBILITY DOCUMENTS this Winner in this Controversial Bidding failed to provide, yet have won the AFP Contracts (in collusion with Ceragon Networks Israel).

1. No NTC Dealer’s Permit (under the JV as required by law RA9184 and IRR)
2. No List of All On-going Government and Private Contracts including contracts awarded but not yet started (under the JV as required by law RA9184 and IRR)
3. No Statement of all Government & Private Contracts completed which are similar in nature for the last three years. The value of the prospective bidder’s largest single contract must be at least 50% of the ABC (under the JV as required by law RA9184 and IRR)
4. No Net Financial Contracting Capability (NFCC) (under the JV as required by law RA9184 and IRR)
5. No Credit Line Certificate (under the JV as required by law RA9184 and IRR)
6. No Certificate of Cash Deposit amounting to ten percent (10%) of the approved budget (under the JV as required by law RA9184 and IRR)
7. No Waiver (under the JV as required by law RA9184 and IRR)
8. No Supplier’s/Distributor’s/Manufacturer’s Profile (under the JV as required by law RA9184 and IRR)
9. No DTI Registration or SEC Registration (under the JV as required by law RA9184 and IRR)
10. No Mayor’s Permit (under the JV as required by law RA9184 and IRR)
11. No Tax Identification Number (TIN) (under the JV as required by law RA9184 and IRR)
12. No EFS Tax Clearance (under the JV as required by law RA9184 and IRR)
13. No Articles of Incorporation, Partnership or Corporation (under the JV as per RA9184 and IRR)
14. No Certification of Non-Inclusion in the Blacklist (under the JV as required by law RA9184 and IRR)
15. No ISO Certification, NTC License/Certification, OEM, Authorized Sole Distributor, Authorized Integrator, Accredited Training Provider, etc. (under the JV as required by law RA9184 and IRR)
16. No Copies of end-user’s acceptance letter for completed projects (under JV as per RA9184 and IRR)
17. No Audited Financial Statement (Balance Sheet, Income Statement & Statement of Cash Flow) for the immediately preceding three years (under the JV as required by law RA9184 and IRR)
18. No Sworn Statement to have visited/conducted survey on all sites/stations (as per RA9184 and IRR)
19. No Valid Joint Venture Agreement (JVA) submitted during the Stage 1 (as per RA9184 and IRR)
20. No Letter of Authority to Validate Submitted Documents because Data Trail Corp. did not submit anything (under the JV as required by law RA9184 and IRR)
21. No Certificate of Authenticity of Submitted Documents because Data Trail Corp. did not submit anything (under the JV as required by law RA9184 and IRR)
22. No Authority of the Signatory (Special Power of Attorney or Secretary’s Certificate) (under the JV as required by law RA9184 and IRR)
23. No Affidavit of Disclosure of No Relationship (under the JV as required by law RA9184 and IRR)
24. No Certification as to Compliance of Existing Labor Laws and Standards (as per RA9184 and IRR)
25. No Certification on the Availability of Requirements to include Life Cycle Cost (ref RA9184 and IRR)
26. No Literature and Brochures describing the equipment, factory, facilities, products and service centers (under the JV as required by law RA9184 and IRR)
27. No Bid Forms submitted (under the JV as required by law RA9184 and IRR)
28. No Technical Proposal submitted (under the JV as required by law RA9184 and IRR)
29. No Price Proposal submitted (under the JV as required by law RA9184 and IRR)
30. No Tax Declaration submitted (under the JV as required by law RA9184 and IRR)
31. No Tax Clearance Certificate submitted (under the JV as required by law RA9184 and IRR)
32. No Tax Stamp ‘Received’ by the BIR submitted (under the JV as required by law RA9184 and IRR)
33. Non payment of the Bid Security Bond

Under the AFP Fixed Communication System, Phase 1&2: IB-26: Bidders in the Second Stage Bid: Bidders are not allowed to form JV or Consortium with other bidders, nor change their members or the structure of the JV or Consortium they represented in the First Stage. The sudden formation of Ceragon-Datatrail JV in later bidding stages is HIGHLY ILLEGAL, a gross misrepresentation; DND BAC should have automatically disqualified them as non responsive to Stages 1 & 2 rulings.

The Winner lacks at least 31 pieces of information (referring to the above items) as required by the Government Procurement Act, thhe RA 9184 and IRR !

Sana, bawal na po ang mga mandaraya sa bidding, mahilig manlamang, mga manlilinlang, mga influence peddling at mga sabwatan sa panahon ng P-Noy Administration.

It's very clear, therefore, that the Philippine Government can use their highly fictitious and fraudulent JVA arrangement (and the "JVA Magic") as SOLID EVIDENCE to pin them down and file criminal charges: The "Customer" DND BAC and "Supplier" Ceragon Networks Israel/Datatrail Corporation have "an internal" BUSINESS PARTNERSHIP TO REWARDS THEMSELVES !

To demonstrate Business as Usual with these fixers, here's a Complaint of grossly disadvantageous bidding manipulations of DND BAC led by Mr. Othelo Carag as the main Spokesperson for the DND BAC (ganito po kagarapal mag Award ang DND BAC noong panahon ni Pres. Gloria Macapagal Arroyo, like Kingmakers, naghaHari-Harian po sila noong bidding, yun pala, MAY MANOK PO PALA SILA ! They always say we MUST "follow the rule of Law", but here we have a basis, it was pretty obvious that the DND BAC was even the number one violators of the so-called "rule of law" when odds are against them. Mukhang tama po si Atty. Frank Chavez na Fixers/may hawak na fixers ang The Firm !):

References:

http://propinoy.net/2010/02/23/lp-looking-into-poll-fraud-plot-noynoy/

Artemio Molina 06 August 10, 11:57 AM

Who is this Federico Sarmiento?

He morphs into many different names, in other blog sites related to President Noy and Mar Roxas, posting the same malicious account regarding the bid process of the AFP-FCS.

I am a person who is very familiar with events and circumstances surrounding the conduct of the bid and the award of the contract as my company initially participated in the bid process for the AFP FCS. There were however, failure of bids along the way, and my company decided to no longer participate in the succeeding bid attempts.

However, we followed the events and circumstances with great interest as our product line is indispensable to the implementation of the AFP FCS and the winning bidder, whoever, it may eventually be, will have to purchase some of the equipment from us.

As it turned out, several of the bidders did in fact reflected some items in our product portfolio, in the bid documents that they submitted.

But what are the real facts about the AFP-FCS?

The names that were mentioned, USEC JOSE F SANTOS, VADM ARISTON V DELOS REYES, USEC FRANCISCO F DEL ROSARIO, ASEC JOSE N FERRER & ASEC OTHELO C. CARAG, were men of integrity and probity.

They were, during their respective tenure of services at the government and the private sector, highly regarded and well spoken of.

As a result, the bid was awarded at a price of P388 Million. This bid is lower by P60 Million Pesos compared to the Approved Budget for the Contract (ABC).

Likewise, the contract awarded to the winning bidder was P42 Million lower than the next lowest bid.

Federico Sarmiento is probably sourgraping because had their malevolent plans not been thwarted by the transparency of the bidding for the AFP-FCS, the winning bid would have been awarded at a price that is a few thousand pesos lower than the Approved Budget for the Contract (ABC) for the AFP-FCS.

A review of all the contracts awarded at the AFP, since time immemorial, had always hovered at only a few thousand pesos below the Approved Budget for the Contract (ABC).

This was changed during the time of Secretary Avelino Cruz, and trailblazed and punctuated by the bidding process for the AFP-FCS, where the contract was awarded at a bid lower by P60 Million compared to the ABC.

It is truly unfair for this ‘Anonymous AFPFCS’ to besmirch their good names while hiding behind the unaccountability and anonymity of bloodspots and internet sites.

Federico Sarmiento may actually be a low level employee of a losing bidder, judging by the bevy of faulty syntax and grammar in his account, or is in fact a high level executive of a losing bidder who is hiding behind a cloak of flawed grammar, and who probably lost his job as a result of the extravagant expense account that he racked up in the years previous to the bidding of the AFP-FCS, and whose ‘old boy’s club’ was side swiped by the reforms instituted by Sec Avelino Cruz and Secretary Gilberto C. Teodoro at the DND in the aftermath of the massive graft perpetuated by the former AFP Comptroller, Major General Carlos F. Garcia.

Every meeting of the AFP-FCS BAC Committee were attended by representatives/observers from the COA, DBM, NEDA, BSP, PCCI, the Makati Business Club, Philippine Bar association, and other
interested organizations.

Our lasting impression, as participants and bidders in these meetings, is that the AFP-FCS BAC during the time of Sec Avelino Cruz, trailblazed a then unheard of policy of transparency at the AFP.

This was continued during the term of Sec Gilbert Teodoro as DND secretary.

The account being foisted by ‘Anonymous AFPFCS’ is downright libelous.

He must present himself in the proper legal forum, with a sworn statement and complaint, to enable the parties whose reputations he maligns in internet forums such as this, to file the appropriate charges against him.

In retrospection, can we believe that the representatives of COA, DBM, NEDA, BSP, PCCI, the Makati Business Club, Philippine Bar association, and other interested organizations who have been invited, and were present, during ALL the AFP-FCS BAC meetings, opted to remain silent while the bidding for the AFP-FCS is being railroaded in favor of a particular bidder?

In hindsight, can we really believe that the representatives of LUCENT, ALCATEL, and NERA, sat meekly and idly by while their years of preparation for the bidding of AFP-FCS is unjustly taken away by the AFP-FCS BAC?

In retrospection, can we believe that the representatives of LUCENT, ALCATEL, and NERA, meekly accepted illegal decisions of the AFP-FCS?

In fairness to all parties concerned, winning and losing bidders alike, and to the names that are being maliciously maligned by ‘Anonymous AFPFCS’ some relevant factual and historical highlights are presented hereunder:

Project Background:

The AFP received from the General Appropriations Act and AFP Modernization Act Trust Fund CY 2000 and CY 2002 the amount of Four Hundred Forty Seven Million Three Hundred Sixty Thousand Pesos (PhP 447,360,000.00) for the Supply and Installation (Engineering, Furnishing, Installation and Testing (EFIT) and Commissioning) of the AFP Fixed Communications System (FCS) under the AFP Modernization Program.

The amount was put in escrow with government depositary banks.

The Armed Forces of the Philippines Fixed Communications System or AFPFCS
aims to upgrade and modernize the AFP’s obsolete backbone telecommunications network in phases. The project calls for replacement of aging, analog telecommunications equipment handed down by the US government to the AFP in late 70s.

The modern AFP FCS will directly support the command, control, administration and intelligence requirements of the AFP as an integral part of C4I. It is the primary communication system that will provide reliable, responsive, secure and cost-effective linkages between the National Command Authority down to strategic and operational levels of command as well as within and between military camps and bases, stations and units for the exchange and transfer of information such as voice, data, image and video. The present system is already uneconomical to operate and maintain into the future due to obsolescence.

The AFP FCS will also serve as the main transmission facility of other AFP CEIS modernization projects such as the AFP’s Community Area Network (CAN), Integrated Radio Trunking System (IRTS) and Geographical Information System (GIS). It shall likewise accommodate the transmission requirements of CEIS projects of the major services such as the PA’s wide area network, PAF Air and Surface Surveillance Radar System and the PN Coast Watch System.

The AFP Fixed Communication Systems shall serve as the telecommunications highway for the different requirements of the AFP for voice, data, images and video networking services.

Specifically, the AFP FCS shall serve as the telecommunications highway for the switched data network of the AFP, known as the AFP CAN, where information systems for the AFP Command and Control shall pass through. Moreover, this shall also serve as the telecommunications backbone for the inter-connectivity of mobile communications systems of the AFP.

Considering that this is the main telecommunications system for the AFP Command and Control, it is expected that the equipment for the whole systems shall be in operation 24/7. The system reliability must comply with the minimum data grade path availability and reliability standards.

The equipment are expected to operate in an environment typical to any place in the tropical region such as temperature, humidity, precipitation, weather patterns, climactic cycles, and others that may have direct and indirect effect on its performance.

The AFP FCS is composed of permanently installed telecommunication infrastructure providing voice, data and video communications linkages between military camps and bases nationwide.

The proposed system is expected to provide reliable, responsive, secure, cost-effective and highgrade voice, data, and video conferencing services that will satisfy the AFP’s command and control requirements. Like any other telecommunication network, the AFP FCS is broken down into the following major components:

1. Transmission Facilities – Terrestrial microwave radio communications system
comprising of the existing AFP Long Lines Communications Systems (AFPLLCS) and may include facilities of the commercial telecommunications companies or newly established AFP systems as necessary.

2. Switching Facilities – Routing system for information from source to desired
destination. It shall include the cable facilities of the telephone-switching network.

3. Terminal Facilities – Telephones, computer systems and other equipment that
allow users to interface with system’s services.

4. Support Facilities – Includes buildings, power generators, commercial power and
water supply systems, environmental control, grounding systems and other ancillary equipment required to support the operations, administration and maintenance of the AFP Fixed Communication System.

Historical Highlights
The 1st Stage (Pre- Qualification stage) of the Bidding, was held on September 08, 2005.

The BAC was chaired by DND Usec. Jose F. Santos, a well respected banker from the private sector.

The Technical Working Group (TWG) is headed by Col. Ricardo Butalid, Jr. a highly regarded professional soldier and renowned for his competence and integrity.

Of the more than 30 companies who bought the Bid Documents, Alcatel, Siemens, Nera, Lucent Technologies and the joint venture between Ceragon Networks of Israel and Datatrail Corporation submitted their proposals.

Ssangyong of Korea had earlier been disqualified for failure to complete the site survey as required in the Instruction to Bidders. It is noteworthy that NEC and Fujitsu, two Japanese telecom equipment manufacturers did not participate because of prohibitions against participating in military procurement programs as embedded in the Japanese constitution.

Alcatel, Siemens, Nera, Lucent Technologies and the joint venture between Ceragon
Networks (Israel) and Datatrail Corp. were pre-qualified by the BAC after careful examination of their respective proposals.

It is interesting to note that the Bids and Awards Committee (BAC) in its new bidding
proceedings invited representatives from the private sectors and government agencies i.e., COA, DBM, NEDA, BSP, PCCI, the Makati Business Club, Philippine Bar association, and other interested organizations to witness the bidding process. This was meant to institutionalize and provide transparency and a fair and level playing field to all bidders.

The 2nd Stage (Final Technical & Financial Proposal) of the 3rd Bidding was held on April 4, 2006 with Alcatel, Lucent Technologies and the joint venture between Ceragon Networks (Israel) and Datatrail Corporation submitting their proposals.

Nera and Siemens, who were both pre-qualified notified the BAC/TWG of their withdrawal from the bidding earlier, during the pre-bid conference held on February 27, 2006.

Alcatel was declared failed for insufficient Technical Documents and its Financial Proposal was not opened, in accordance with the Bidding Procedure.

Lucent Technologies’ proposal was opened and passed both the Technical and Financial Proposal.

The proposal from the joint venture between Ceragon Networks (Israel) and Datatrail Corp.
was opened last, and likewise passed the Technical and Financial Proposal.

The Financial Proposal by the joint venture between Ceragon (Israel) and Datatrail Corp. was however lower by PHP 42M than Lucent Technologies and it was therefore declared the Lowest Calculated Bidder (LCB) by the BAC/TWG.

This event was witnessed by everyone in the Conference Room including representatives from the government and private sectors, such as COA, DBM, NEDA, BSP, PCCI, the Makati Business Club, and the Philippine Bar association on April 4, 2006

Subsequent adjustments for mathematical errors confirmed that the Financial Proposal
submitted by the joint venture between Ceragon Networks (Israel) and Datatrail Corp. was indeed lower than that submitted by Lucent Technologies by PHP 42M.

The BAC/TWG conducted the Post Qualification on the joint venture between Ceragon
Networks (Israel) and Datatrail Corp. first on Datatrail Corp., and later on Ceragon Networks (Israel) on November 19 – 25, 2006 to verify, clarify, validate and confirm that Ceragon Networks (Israel) was indeed a manufacturer of SDH/PDH microwave radios, that the radio equipment it will deploy for the AFPFCS is indeed all-indoor type, and the equipment are in commercial production and are currently used/operated by the Israeli Defense Forces and other military organizations as required by the Technical Specifications. Likewise the BAC/TWG verified and confirmed that all the
documents submitted by Ceragon Networks (Israel) were complete and duly authenticated by the Philippine Embassy in Israel.

The BAC/TWG subsequently declared the joint venture between Ceragon Networks (Israel) and Datatrail Corp. to have passed the Post Qualification and signed a BAC Resolution declaring the joint venture between Ceragon Networks (Israel) and Datatrail Corp. as the Lowest Calculated Responsive Bid (LCRB).

The newly reconstituted BAC/TWG under DND Sec. Hermogenes Ebdane re-affirmed, through a signed BAC Resolution, the joint venture between Ceragon Networks (Israel) and Datatrail Corp. to have passed the Post Qualification and passed a resolution declaring the joint venture between Ceragon Networks (Israel) and Datatrail Corp. as the Lowest Calculated Responsive Bid (LCRB).

The newly reconstituted BAC/TWG under DND Sec. Hermogenes Ebdane invited the old BAC/TWG under then Sec. Avelino Cruz to an extra ordinary special session last Thursday, April 12, 2007.

In an unprecedented move, the two BACs re-affirmed, the designation of the joint venture between Ceragon Networks (Israel) and Datatrail Corporation as Lowest Calculated Responsive Bid (LCRB).

On May 22, 2007, Secretary Hermogenes Ebdane signed the Notice of Award in favor of the joint venture between Ceragon Networks (Israel) and Datatrail Corporation

Upon the assumption of Secretary Gilberto C. Teodoro as DND chief, a review of the bid documents relating to the AFP-FCS was ordered.

The entire proceedings and documentation was found to be above board.

The AFP-FCS Contract was then signed by AFP Chief of Staff, General Alexander B. Yano.

The Contract was reviewed and approved by Secretary Gilberto C. Teodoro.

A Notice to Proceed was signed and issued by Secretary Gilberto C. Teodoro in December 23, 2008.

So the public may know.

Jun Leydo 24 September 10, 11:13 AM

I was initially aghast at the revelations of Mr. Federico Sarmiento. I thought that this is one big scandal.

Then I did some research.

Here are the facts, based on documents on file at the AFP:

1. The AFP-FCS was awarded at a price of P388 Million.

2. This award is lower by P60 Million Pesos compared to the Approved Budget for the Contract (ABC) for the AFP-FCS.

3. Prior to the tenure of Sec Cruz and Teodoro, there was no award of contract at the AFP that was awarded, that did not reach the ABC threshold.

4. What this means is that a review of prior contracts, prior to the reforms set in place by Sec Cruz and Teodoro, show that the maximum contract price had been consistently awarded to winning bidders.

5. In layman’s term – previous contracts have been awarded at a price that is a few thousand pesos lower than the Approved Budget for the Contract (ABC) for the AFP-FCS.

6. So this is something real new and refreshing. What then is the alleged controversy about?

7. As I earlier stated, a review of most if not all the contracts awarded at the AFP, since time immemorial, had always hovered at only a few thousand pesos below the Approved Budget for the Contract (ABC). This is maximizing the profit of the bidders, so to speak, at the expense of the Filipino taxpayers, and indicating collusion among the bidders as well.

8. This was changed during the time of Secretary Avelino Cruz, and exemplified by the bidding process for the AFP-FCS, where the contract was awarded at a bid lower by P60 Million compared to the ABC.

9. Likewise, the contract awarded to the winning bidder was P42 Million lower than the next lowest bid.

So really, since this is something that is advantageous to the Filipino people and the Philippine government, and the AFP, what then is the controversy about?

By the way, I checked with people in the know at the AFP, as well as documents on file at the DMO. The 1st Stage (Pre- Qualification stage) of the AFP-FCS Bidding, was indeed held on September 08, 2005. Alcatel, lucent, Nera, and the Joint Venture of Datatrail and Ceragon all participated in said first stage bidding.

What really then is the fuzz about, Federico Sarmiento?

Federico Sarmiento 28 September 10, 03:36 PM

What ?? Who told you that Datatrail Corporation participated the 1ST STAGE bidding ?????

Please STOP FOOLING us and the Philippine Government. Also, stop fooling YOURSELF ! Alam mo ang buong katotohanan. This P-Noy government has TRUTH COMMISSION now. So, bawal na ang mga sinungaling, mga mandarambong at mga mandaraya. We challenge you to say that UNDER OATH.

You continuously break the law. Both DataTrail Corporation and Ceragon Networks, in conspiracy with AFP DND BAC failed to practice what they were expected to do, i.e., implement the latest "standard" RA9184 and IRR on JVA released As amended by Memorandum Order No. 176, dated 27 June 2005, published in the Official Gazette on 29 August 2005.

Unfortunately, Datatrail Corporation DID NOT participate the 1ST STAGE bidding. I guess you were not there. Datatrail Corporation was there but REFUSED to submit their separate Eligibility Documents because of “stringent” qualification requirements of RA9184 and IRR, for them to become eligible to bid. Tumawad lang kayo ng kaunti sa 2nd STAGE bidding, akala ninyo makakalusot kayo to justify your MISDEEDS AND FRAUDULENT ACTS. Nasa batas yan sa RA 9184, yung hindi pasado, hindi nag submit ng Eligibility Documents sa 1ST STAGE, eh hindi kasali na magsubmit ng Technical and Financial Proposals (2ND STAGE). Wag na po tayong maglokohan !

THEY WERE CAUGHT IN THE ACT: Government fraud is A VERY SERIOUS CRIME !

You are again misleading the Public and the Philippine Government. Since your Company DATATRAIL CORPORATION did not participate the 1ST STAGE Bidding, the ELIGIBILITY STAGE, your best CHANCE to present your legal documents to become eligible to Bid so we could recognize you as ONE OF THE QUALIFIED BIDDERS, you just refused and still CONTINUE TO REFUSE to present your Eligibility Documents. Niligaw po ninyo yung mga Signatories na binanggit ninyo. You DID NOT follow the rule of law the "standard" RA 9184 and IRR on JVA. Since you DID NOT participate the 1ST STAGE BIDDING which is the MOST IMPORTANT STAGE BECAUSE IT IS THERE WHERE WE CAN SEE IF YOUR COMPANY, DATATRAIL CORPORATION IS PAYING THE RIGHT TAXES and TO SEE YOUR QUALIFICATION HISTORY, wala po kayong pinakitang kahit anong documents. Again, Datatrail Corporation DID NOT participate the 1ST STAGE Bidding. This is highly illegal and criminal offense on your part as a Contractor, obviously THIS BIDDING AND AWARDING OF CONTRACT WAS TAINTED WITH GRAFT AND CORRUPTION.

And So, the public may know !

SOLID EVIDENCE (THIS IS WELL DOCUMENTED) OF IRREGULAR BIDDING

TO SHOW PROOF OF EVIDENCE THAT We have NOT seen Datatrail Corp. during the 1ST STAGE THE ELIGIBILITY STAGE Bidding, here’s an AFP document from their online archive:

AFP Modernization Program Fixed Communications System Bid Bulletin (notice ONLY four bidders’ ELIGIBILITY DOCUMENTS WERE SCRUTINIZED, namely: Alcatel Phils., Inc., Lucent Technologies, Nera Phils., and Ceragon Networks)

X X X X X X
Fixed Communication System (stage/status: 1st stage of the 2-stage procurement mode was held last September 8, 2005; new invitation to apply for eligibility and to bid (ITAEB) will be issued on October 20, 2005)
Procurement Stage: 1st Stage – Opening and Submission of Bids
ABC: P447,360,000.00
Length of Delivery: 240 calendar days upon issuance of Notice to Proceed
Highlights : Through a Supplemental Bulletin, the deadline for submission and opening of bids for the 1st stage bidding for this project was changed from 25 August 2005 to 8 September 2005, 9:00 a.m. On the day of submission and opening of bids, 4 companies complied, namely Alcatel Phils., Inc., Lucent Technologies, Nera Phils., and Ceragon Networks. None of them failed when their eligibility envelopes were opened. During the initial evaluation of the technical proposals of the 4 bidders, the BAC declared that they all passed, yet subject to post qualification/evaluation. BAC shall formally announce in writing, through the Secretariat, the results of the evaluation. Schedule of the opening of the revised technical proposal and their financial proposals (i.e. 2nd phase of a two-stage bidding process) is scheduled on October 20, 2005 due to request of bidders for longer time to prepare revised technical proposals.

http://www.hueybravo.net/Modernization%20Projects.htm

X X X X X

YOUR WORD AGAINST AFP's VERY OWN WEBSITE's Bid Bulletin: Based on the AFP BAC’s Bid Bulletin, it showed beyond doubt that there were ONLY 4 Bidders, not 5; the private Filipino company Datatrail Corp. was not in the list !

MAGNETS FOR CORRUPTION & ANOMALOUS DEALS
CONSPIRED, SHAM & FIXED BIDDING: WHERE’s DATATRAIL CORPORATION during the 1st STAGE Bidding ?? No docs ? Missing in action ? Datatrail Corporation totally ignored the 1ST STAGE ELIGIBILITY STAGE. THEY HAVEN’T EVEN SUBMITTED THEIR EFS BIR Certifications PAID "Stamped Received equivalent" to 50% of the ABC and Qualifications History, etc ? So now here’s the question, IS THIS the “level playing field” that AFP DND BAC were talking about ? Bakit napakalakas naman po yata ng Datatrail Corporation sa DND BAC, they gave Datatrail Corp. full "Red Carpet", in cahoots with Ceragon Networks. DND BAC issued complicated rules and eligibility requirements to the legitimate Bidders while to Datatrail Corp., they were required to provide NOTHING ! Yes, Datatrail Corp. was there throughout the bidding process but they simply acted as "observers" NOT as participants/proponents/bidders. At kung kelan halos patapos na ang bidding, dun lang ididikit yung name nila sa Project na naka- “JVA” kuno ! Grabeng maghanap ng mga Eligibility Documents ang AFP DND BAC sa ibang Bidders pero sa Datatrail Corp. kunyari mga "Bobo" sila, hiningi lang isang JVA letter. Dahil po ba kasi masyadong malaki ang “TONG-PATS” kaya biglang naging "Bobo" nawalan ng mga prinsipyo, hindi po ba napakalaking pera po nito para makalimutan ang Datatrail Corp. WALA SILA SA LISTAHAN noong September 8, 2005 1ST BIDDING ?! Kasi, talagang SINADYA ng AFP DND BAC na WALA MUNA SILA SA LISTAHAN dahil hahanapan sila ng mga Eligibility Documents ng legitimate Bidders ! Ngayon, pilit nilang kinakabit na "In Joint Venture with Datatrail Corp." Hindi po ba gawain ito ng mga mandaraya, ng mga typical "Fixers !" such a glaring modus operandi manipulated by "Mr. Jesus B. Trinos and Friends" to pocket the AFP Modernization Funds. It is also noteworthy to ask them why they opened the Pamantasan ng Lungsod ng Maynila (PLM) bank accounts in Makati City. Why are there PLM Bank Accounts Banco De Oro Branch in Makati City, walking distance from the office of Ceragon Networks ?? Who are the real recipients of these bank accounts ?

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