THE Metro Manila Development Authority (MMDA) on Tuesday lashed back at the contractor who recently filed a case against its officials as it maintained that the bidding process for the P300-million traffic-signal project is “fair and regular.”

MMDA Chairman Francis Tolentino said Engr. Efren Abratique, president and chief executive of the Abratique and Associates and First United Constructors Corp., just “wanted to stop the bidding so that they can get the contract.”

“By filing the case, Abratique wants the court to award the contract which they could no not get under a fair and transparent bidding provided for by the law,” he added.

Abratique filed a civil case against Tolentino and six other MMDA officials before the Makati Regional Trial Court for declaring a failure of bidding over a P300-million traffic-signal project.
He likewise sought for a petition for review (certiorari), temporary restraining order and writ of injunction on the project.

In his complaint, he questioned Tolentino’s memorandum, which formed the basis to declare a failure of bidding even as the law “does not allow the head procurement agency to declare failure of bidding” among other lapses.

He also questioned the bidding process that included a foreign contractor allegedly with no license from the Philippine Contractors Accreditation Board.

But Tolentino said that Abratique’s company did not submit a better bid on the project, which paved the way for the MMDA Bids and Awards Committee to declare it as failure.

“Anybody can make accusations especially losing bidders, there is a process for this. The law provides that the government reserves the right to reject all bids and accept only those advantageous to it,” said Tolentino.

Atty. Joseph Salud of MMDA clarified that the bidding process is still on-going and not a single centavo has been spent.

Salud also said that the losing bidder reneged on its duly signed and notarized undertaking that they will not file any case against MMDA before any court concerning the bidding for the project.

In welcoming the case filed against him, Tolentino said that this is only part of the transparent process.

“Some of my policies, apart from the strict public scrutiny, underwent a judicial microscopic procedure as well. We welcome the current case as another challenge,” he said.

Besides Tolentino, also in the complaint are Edenison Fainsan, chairman of the Bids and Awards Committee; Lydia Domingo, Amante Salvador, Rochelle Macapili-Ona, Noemi Recio, members; and Emerson Carlos, committee chairman for re-bidding.