The public is hereby notified that on 4 March 2008, the Commission en banc deliberated upon the request for clarification submitted by Mega Data Corporation on 29 February 2008, regarding certain terms of the Request for Proposal (RFP) for the automation of the 11 August 2008 ARMM Elections.

In brief, Mega Data has requested to be clarified on whether Filipino systems will qualify under the RFP.

The request for clarification arose from sections A-13, B-9, and B-30 of the RFP, all of which require that the Automated Election System to have “already been successfully used and proven secure, accurate, and reliable in an actual, public political election where it was last used, with a written certification to fact from the election authority of the client country/state/province.”

After due consideration of the arguments raised by Mega Data in its request for clarification, the Commission en banc, pursuant to it’s authority and responsibility for the effective development, management, and implementation of the Automated Election System, ruled as follows:

1. The questioned requirement is intended to minimize the risk involved in implementing an untested automated election system and as such, is a valid requirement;
   
   
2. However, the specification that the prior successful use of the system should have been in an “actual public political election,” while ideal, will operate to exclude a significant class of technology suppliers, thereby excluding a potential source of technological innovation;
   
   
3. Considering the widespread use of electronic voting systems in various non-political elections throughout the country, as well as the general acceptability of the results of those elections, it is abundantly clear to the Commission en banc that prior successful use in a public political election need not be the only applicable standard.
   
   
4. Therefore, the Commission en banc has resolved to authorize the Bids and Awards Committee of the Commission on Elections to accept sealed bids for the supply, delivery, deployment, installation (and pull-out) and operation of products and services for use in the 11 August 2008 ARMM Elections for the following: lease, with option to purchase, for a secure, accurate, reliable, and user-friendly automated election system which shall have already been successfully used and proven secure, accurate, and reliable in an actual election where it was last used, with a written certification to that fact from the election authority of the client country/state/province, or from the leadership of the client organization.
   
   
5. With regard to the observation of Mega Data on Section B-3.1.2.2 of the RFP – referring to the requirement to submit a “Statement of the value of the prospective bidder’s largest single contract for the last three (3) years, adjusted to current process using the wholesale consumer price index and similar to the contract to be bid, which must be at least fifty percent (50%) of the approved budget for the contract to be bid.” – the Commission noted that this is a specific requirement of law, embodied in Rule VIII, Section 23.11.1, paragraph 2 of the Implementing Rules and Regulations of Republic Act 9184, otherwise known as the Government Procurement Act.

In view of the foregoing, the relevant portions of the Request for Proposal (RFP) for the automation of the 11 August 2008 ARMM Elections, more particularly Sections A-13 and B-9, are hereby modified to the end that the automated election system to be procured are those “which shall have already been successfully used and proven secure, accurate, and reliable in an actual election where it was last used, with a written certification to that fact from the election authority of the client country/state/province, or from the leadership of the client organization.”

Furthermore, Section B-30 is accordingly amended such that the offer shall include among its deliverables, a “written certification from the election authority of the client country/state/province, or from the leadership of the client organization where the system was successfully used and proven secure, accurate, and reliable in an actual election.”

Additionally, Section B-3.1.2.2 of the RFP, being a specific requirement of law, shall be retained.

Finally, consistent with the rules on issuance of Bid Bulletins, the deadline for the submission and receipt of bids is reset to 11 March 2008 at 1:30 pm, at which date and time the sealed bids shall be opened before the public.

All terms, conditions and instructions specified in the RFP that are not inconsistent with this Bid Bulletin shall remain applicable.

04 March 2008