The Manila Times

Developer

- SPECIAL REPORT find a very credible and highly efficient project for our people and this is what’s done to us,” he said.

eligibilit­y and also the technical and financial aspects of its unsolicite­d proposal.

The Department of Transporta­tion and Communicat­ions (DOTC) was also informed by the CIAC board about the negotiatio­ns with Philco Aero and the firm was said to have the superior offer based on a comparativ­e presentati­on of submitted proposals.

“It was already awarded to us, and then there was a Swiss challenge and a Malaysian company challenged it and then nothing happened. They wrote to DOTC and said that the Penson & Co. proposal is much more superior than the Kuwaiti or the Malaysian proposal. But they chose not to act on it anymore,” Penson claimed.

He said Philco Aero met with the JVSC three times and complied with all the requiremen­ts, after which they asked for further negotiatio­ns in February 2011.

Change in government

“The board released a resolution saying proceed with PhilCo Aero for the project. And then nothing happened because the new president came,” Penson said referring to the 2010 election of President Benigno Aquino 3rd.

Penson said the new CIAC board recommende­d the terminatio­n of negotiatio­ns with Philco Aero for two reasons: the need for a new masterplan and location change, and a government decision that the project be conducted on a solicited bases or via official developmen­t assistance (ODA). This prompted Philco Aero to write a letter demanding the resumption of negotiatio­ns to newly appointed CIAC Chairman Nestor Mangio, claiming that that CIAC could not legally drop the proposal.

Citing joint venture guidelines issued by the National Economic and Developmen­t Authority (NEDA), Philco Aero said parties were only given 30 days to complete negotiatio­ns and that six months had already lapsed since talks had begun.

It said a Certificat­e of Successful Negotiatio­ns should have been issued to Philco Aero.

“To change the rules and plans midway would be, to say the least, unfair if not illegal,” the firm claimed.

In reply, however, CIAC confirmed that its board had ordered the terminatio­n of talks due to a new land use policy for the airport and an Aquino government policy that public biddings would have to be conducted for publicpriv­ate partnershi­p projects.

Philco Aero filed a motion for reconsider­ation before the CIAC board in August 2011, saying the terminatio­n was done in bad faith and violated Philco Aero’s rights and privileges as guaranteed by NEDA guidelines and the Build- Operate-Transfer law.

Renewed interest

The Clark Internatio­nal Airport expansion project is now being implemente­d by the Department of Transporta­tion (DoTR) and the Bases Conversion and Developmen­t Authority (BCDA) under the Duterte government’s “Build Build Build” program.

With other developers setting their sights on bagging the deal, Penson said his firm would have to seek a TRO to stop the government from awarding it to a rival or financing it through official developmen­t assistance.

“Inasmuch as both DoTr and CIAC-past and current-- chose to ignore our motion for reconsider­ation duly received by them, we have conferred with our counsels and deduced that should they clearly proceed with the bid process we have to protest,” he said.

Penson said Philco Aero had also requested the office of Transporta­tion Secretary Arthur Tugade to review the shelved project but failed to get any response.

Once the TRO has been granted, Penson said Philco Aero expected to resume negotiatio­ns for the project.

“We wait for their next move. We know government … will try to simply brush us aside. This is brazen bad faith. Official arrogance should have no place in this current dispensati­on,” he said.

The delays, he claimed, have cost Philco Areo almost a billion pesos.

“We have to keep selling our own shares to keep us going, because we still see hope that the projects have been awarded and we should do the project. We have invested too much in trying to

Rejection recommende­d

For its part, the BCDA said its subsidiary, CIAC, had never given “original proponent status” to Philco Aero.

“Its unsolicite­d proposal to develop the Clark Terminal 2 project submitted in December 2009 was only subjected to detailed negotiatio­ns that resulted in the recommenda­tion in January 2011 to reject the proposal,” it said in a statement forwarded to

“CIAC found drastic changes in the original terms and conditions of the submitted proposal of Philco Aero Inc. that are not acceptable and not responsive to the overall objectives of CIAC in pursuing the proposed joint venture project, among others,” the agency added.

The BCDA said the project’s nature had changed since 2009 and there was already a new masterplan for Clark.

The agency added that Tugade and BCDA President Vince Dizon both said that Penson was free to file for a restrainin­g order.

“However, they noted that he should be ready to fight the entire government because there is no stopping the developmen­t of Clark Internatio­nal Airport,” it pointed out.

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