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 !)
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.
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) !
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.
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 !)-
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 !):
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: Everyone 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 !)
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.
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) !
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.
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 !)-
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 !):
ATTENTION MANILA MAYOR ALFREDO LIM AND DND SEC VOLTAIRE GAZMIN
(We commemmorate on 21 August 2010 the death anniversary of the Philippines greatest martyr, freedom fighter and the 21st century national hero, our beloved Senator Benigno S. Aquino Jr., the father of our president P-Noy)
One of your Manila Board of Regents, Mr. Jesus B. Trinos Jr., was alleged involved in a Fraud Complaint in a multibillion peso anomalous deals, the Capability Upgrade Program (CUP), AFP Modernization Program Fixed Communications System Projects SCAM as supplier/agent for Datatrail Corp., Ceragon Networks Israel and Alcatel.
We need your help in the speedy investigation the one-million-peso-company Datatrail Corp. grossly defrauded the Philippine government, illegally bagging the Contracts in AFP DID NOT PASS the 1ST STAGE BIDDING THE ELIGIBILITY STAGE Datatrail Corporation DID N0T submit their Eligibility documents thereby grossly violating the RA9184 and IRR, this PhP 55,000 taxpaying company getting the multi-billion projects in AFP by fraud and influence peddling.
We know you as Mr. Clean honest disciplinarian and well known as criminal fraud buster, you hate Cheaters (ayaw po ninyo sa mga sinungaling, mapaglinlang, manlalamang, magnanakaw at mandaraya) especially when they are taking advantage of your good image; even using you and your good name by photo ops. We just saw you recently with Mr. Trinos and Ms. Gemma Cruz-Araneta at PLM during the ceremony welcoming the two new Regents. This is quite disturbing knowing that your good reputation will be at stake here gladly endorsing Mr. Trinos as Manila Regent. Mr. Jesus Trinos is currently involved in various fraudulent illegal activities highly anomalous deals controversial biddings and kickback schemes seen to be raking millions of dollars in government deals that are tainted with graft and corruption issues, influence peddling, grave collusion, daylight robbery and treacherous conspiracy among suppliers and the AFP DND BAC.
Jesus Trinos Jr. PLMAAI President (representative/agent for Ceragon Networks Israel, Datatrail Corp. and Alcatel) and Hermie Orbe PLM Foundation President (representative/agent for Alcatel) are both MAJOR PLAYERS here as telecommunications suppliers actively participating in the highly anomalous controversial AFP deals and they are on the way to transfer the AFP Modernization Program Funds thru PLM Foundations in which they elected themselves as officers to control the PLM Scholarship bank accounts they opened these bank accounts in Makati City (not in Manila) !?? These suppliers bagged Contracts the AFP Modernization Program Funds illegally, by massive fraud, collusion and these conspiring vendors have entered into JVA (c/o Ceragon Networks Israel and Datatrail Corp.) without Income Tax Return Stamped Receipt from BIR (EFS), etc., grossly violated the latest Government Procurement Act RA 9184 and IRR on JVA published early 2005. Like the Film Scam in 1994 (where the late Ms. Viveka Babajee the Miss Mauritius 1994, she announced the Winners by Fraud; likewise here, the suppliers in conspiracy with the AFP DND BAC 2005-2006 they announced the Winner thru a mere JVA declaration they exacted ‘switching of ballots/Winners’ i.e., thru a JVA, AN INSTANT Winner was declared by DND BAC, Winner without eligibility documents and BYPASSED THE 1ST STAGE BIDDING THE ELIGIBILITY STAGE ! )
Government fraud is A VERY SERIOUS CRIME !
WHY WE CALL IT MASSIVE FRAUD ?
The Winner, Datatrail Corporation DID NOT participate the 1ST STAGE BIDDING. This means they DID NOT PASS not just one, two or three Eligibility Legal Documents but The Winner lacks at least 31 pieces of information as required by the Government Procurement Act on ELIGIBILITY REQUIREMENTS, the RA 9184 and IRR on Joint Venture ! Sa nakaraang Comelec Bidding, na-disqualify po agad yung isang Bidder dahil may kulang ng isang Eligibility Document, Certificate of Accreditation mula sa Customs. Samantalang ang Datatrail Corporation, 33 pieces na dokumento ang hindi nila ibinigay sa AFP DND BAC. Kaya talagang “MASSIVE FRAUD”, napakalaking KALOKOHAN po ang AFP FCS Bidding na yan na nai-award sa Datatrail Corporation, in Joint Venture (kuno !) with Ceragon Networks Israel ! Grabeng SABWATAN po ang nangyari. Gusto nilang isahan ang Sambayanang Pilipino para magkamal sila ng salapi na Pera Ng Bayan ! Mukhang hindi din po sila nagbabayad ng tamang buwis sa gobyerno.
This is a national interest and your local government interest as well especially that one of your Regents was deeply involved in these illegal acts that are tainted with GRAFT AND CORRUPTION and fraudulent transactions, the AFP DND BAC highly controversial anomalous deals.
Sadya po nilang iniligaw yung mga Signatories na binabanggit nila. They DID NOT follow the rule of law the latest RA 9184 and IRR on JVA published early 2005. Datatrail Corporation DID NOT participate the 1ST STAGE BIDDING which is the MOST IMPORTANT STAGE BECAUSE IT IS THERE WHERE WE CAN SEE IF THIS COMPANY, DATATRAIL CORPORATION IS PAYING THE RIGHT TAXES and TO SEE THE QUALIFICATION HISTORY OF DATATRAIL CORPORATION, wala po silang pinakitang kahit anong ELIGIBILITY Documents. Again, Datatrail Corporation DID NOT participate the 1ST STAGE Bidding. This is highly illegal and criminal offense 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)
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.
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 !
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 Receipt 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. Kung kelan halos patapos na ang bidding, dun lang ididikit yung name nila sa Project na naka- “JVA” kuno ! Dahil po ba kasi masyadong malaki ang “TONG-PATS” !??
There’s no need for a complainant filing the administrative, plunder and CRIMINAL LIABILITY / Estafa case. Visual evidence and glaring discrepancies is enough to pin them down.
ATTENTION THE SENATORS, AFP DND SEC VOLTAIRE GAZMIN & THE TRUTH COMMISSION
Please, protect the AFP Modernization Funds from being pocketed by “Mr. Jesus B. Trinos Jr. and Friends”
REQUEST FOR INVESTIGATION : AFP MODERNIZATION PLAN CAPABILITY UPGRADE PROGRAM (CUP) – FIXED COMMUNICATIONS SYSTEM BIDDING & CONTRACT AWARDING ANOMALIES IN THE ARMED FORCES
SPEED UP the AFP Modernization Program or speed up the Corruption ?
Favored supplier, Datatrail Corporation (Datatrail owns 90% of the PROCEEDS of the Joint Venture with Ceragon Networks Israel (now Ceragon Networks USA)), Datatrail is a smalltime taxpayer and private contractor who DID NOT participate the 1ST STAGE BIDDING ELIGIBILITY STAGE, bagged Contracts in AFP Modernization Projects in cahoots with Ceragon Networks Israel (now Ceragon Networks USA) and AFP DND BAC.
Additional violations and criminal offences-
A. Jesus B. Trinos Jr., CTO of Datatrail Corp. is actually “related by consanguinity” to one of the officials/appointees of Secretary of National Defense Atty. Avelino Cruz. Atty. Joe Nathan Tenefrancia of CVC Law Office “The Firm” and PGMA’s Chief presidential legal counsel in 2005 and senior deputy executive secretary for legal affairs in 2005, is brother-in-law of one Ms. Beki Trinos-Tenefrancia, a niece of Mr. Trinos. Datatrail Corp. should have made such declaration on AMENDED BID FORM 2, the Affidavit of Disclosure of No Relationship. The Amended Bid Form 2 states that the firm/partnership/joint venture/corporation, or any of its officers, directors, controlling stockholders and members, is NOT related by consanguinity or affinity up to the third civil degree to the Secretary of National Defense, to the BAC, TWG or Secretariat members, or to ANY DND or DND Bureau officials or employees who directly or indirectly TOOK PART in the bidding process or otherwise have DIRECT ACCESS TO INFORMATION that may SUBSTANTIALLY AFFECT THE RESULT of the bidding.
B. Supplemental Bulletin Nr 01 AFP Fixed Communications System Project (Re-Bidding, 2005)
1. This supplemental bulletin is issued to clarify the eligibility requirements to be submitted by a joint venture in order to be declared eligible to bid for the AFP Fixed Communications System (FCS) Project.
2. Pursuant to the Government Procurement Policy Board Opinion No. NPM 018-2005 dated 08 March 2005, the entities comprising the joint venture should be able to INDIVIDUALLY PROVE to the satisfaction of the government that it has the personality to engage in business undertakings. For this reason, the requirement for submission of LEGAL DOCUMENTS should mean the INDIVIDUAL SUBMISSION OF ALL the entries comprising the joint venture. The following are the legal eligibility documents which MUST BE submitted BY EACH of the entities comprising the joint venture:
a) Contractor’s Confidential Qualification Statement (Bid Form 1);
b) Department of Trade and Industry (DTI) registration certificate, whichever may be appropriate under existing laws in the Philippines, or its appropriate foreign equivalent;
c) Valid and current Mayor’s Permit or its appropriate foreign equivalent;
d) Taxpayer’s Identification Number (TIN) or its appropriate foreign equivalent;
e) Sworn affidavit of NON-RELATION to the Secretary of National Defense, the members of the Bids and Awards Committee (BAC), the Technical Working Group, the BAC Secretariat, ot to any DND or DND Bureau officials or employees who DIRECTLY or INDIRECTLY took part in the bidding process or otherwise have direct access to information that may substantially affect the result of the bidding. (Amended Bid Form 2);
i) Board Resolution or its equivalent, authorizing the company to participate in the bidding for the FCS Project, singly or in JOINT VENTURE with another company, as the case may be. (Bid Form 7); and
THE “FIXERS” IN ACTION: 3. By the nature of the following legal documents, however, submission by “ANY” of the entities comprising the joint venture shall be considered sufficient:
a) Sworn Statement that the Bidder has visited and/or conducted surveys on all sites and stations on Volume II – Technical Specifications of the Bid Documents for the Fixed Communications System;
b) Commitment to Secure Export License (Bid Form 5);
c) National Telecommunications Commission (NTC) Dealer’s Permit or its appropriate foreign equivalent.
THE “FIXERS” IN ACTION: 4. On the other hand, the GPPB opined that the submission of technical and financial documentary requirements BY “ANY” of the entities comprising the joint venture constitutes compliance by the joint venture. Reiterated below are the technical and financial eligibility requirements for the AFP FCS project, which may be submitted by ANY of the entities comprising the joint venture:
TECHNICAL DOCUMENTS
a) Copy of a signle sale transaction with a contract value of FIFTY PERCENT (50%) of the Approved Budget for the Contract amounting to PhP 223.68M;
b) Major Supply Contract over the last three (3) years. (Bid Form 8);
c) Literature and brochures describing the equipment, the manufacturer’s factory, manufacturing facilities, products and service centers;
FINANCIAL DOCUMENTS
d) Net Financial Contracting Capacity (NFCC) Computation or Credit Line Certificate or Certificate of Cash Deposit amounting to ten percent (10%) of the approved budget;
5. It is hereby clarified, however, that notwithstanding the foregoing, the following financial documents specified in the bidding documents are required to be submitted by ALL entities comprising the joint venture pursuant to Executive Order No. 398 dated 12 January 2005 and Revenue Regulations No. 3-2005 dated 17 February 2005:
a) Audited Financial Statements for the last three (3) calendar years, stamped “RECEIVED” by the BIR or the taxign authority in the country of origin, in case of foreign suppliers;
b) Latest Income Tax;
c) Value Added Tax (VAT) or Percentage Tax Returns covering the previous six (6) months; and
d) Tax Clearance issued by the Collection Enforcement Division of the Bureau of Internal Revenue attesting that the taxpayer has no outstanding Final Assessment Notice and/or delinquent account.
6. It must be noted that parties to a JOINT VENTURE cannot add the amount of each opther of their largest signle contract to be able to comply with the eligibility criterion of at least 50% of the approved budget for the contract to be bid (GPPB Opinion No. NPM 020-2005 dated 17 March 2005).
7.For the purpose of this bidding, the following Class “B” Eligibility Documents, when applicable, may likewise be submitted inly by the appropriate entity comprising the joint venture:
a) Joint Venture Agreement (Bid Form 10);
b) Letter of authority to validate submitted bid docs (Bid Form 11);
c) Manufacturer’s authorization (Bid Form 12);
8. On another matter, prospective bidders are advised of the following changes in the eligibility documents required to be submitted for the AFP FCS PRoject:
b) The Sworn Affidavit of Non-relation or Bid Form 2 as required under Section 25.4.1.1.6 is hereby amended.
SIGNED (April 2005): USEC. JOSE F. SANTOS Chairman
As amended by Memorandum Order No. 176, dated 27 June 2005, published in the Official Gazette on 29 August 2005 (again, this is a year 2005 Memorandum Order).
“Class “A” Documents –
a) Valid joint venture agreement, in case of a joint venture. EACH MEMBER of the joint venture shall submit the required Eligibility Documents;” ;
“Eligibility Requirements for Joint Venture (JV): The determination of eligibility of prospective bidders is based on the submission of Class ‘A’ (legal, technical and financial documents).” ;
“ALL MEMBERS of the JV should provide SEPARATE Class ‘A’ documents to be eligible.”.
DND BAC failed to implement the latest IRR of RA 9184 on Ceragon Networks Israel (now Ceragon Networks USA) – Datatrail Corp. Joint Venture the law states that, “EACH MEMBER of the joint venture SHALL SUBMIT (AND PASS !) all the required Eligibility Documents.” So, Datatrail MUST comply “SUBMIT/PASS” all Eligibility Documents first, just like what the other bidders did. Must SUBMIT THEM infront of the other bidders also, so we can validate ALL their original Class ‘A’ Legal Documents ! Datatrail Corp. DID NOT participate the 1ST STAGE ELIGILIBITY STAGE, this is even documented on PAF Manokski Website online archive. Only 4, not 5 participated the 1ST STAGE BIDDING, THE ELIGIBILITY STAGE.
THE “FIXERS” SHOULD BE HELD ACCOUNTABLE: THE USE OF ‘ANY’ IN THE ABOVE WAS TOTALLY ABUSED GROSSLY DISADVANTAGEOUS TO THE GOVERNMENT THEY FOOLED THE LEGITIMATE BIDDERS AND THE PHILIPPINE GOVERNMENT so Datatrail Corporation will be spared and their papers will NOT be scrutinized and in effect, they could evade taxes and prevent them from submission of Income Tax Return, etc. These are works of liars, fixers and thieves ! Where is our TRUTH COMMISSION to investigate them ?
Ceragon Networks Israel (now Ceragon Networks USA) and Datatrail Corp., were two new suppliers in 2005 who BOTH win this AFP project the VERY SAME TIME these new people in DND BAC got their respective appointments, these were also the very same DND BAC OFFICIALS who declared the ‘highly questionable’ failure of bidding in prior bidding events, also happened in early 2005 and the very SAME PEOPLE who have ‘the connections’ the power TO REVISE within March 2005 (between 08 March 2005 and 17 March 2005) AND very SAME PEOPLE who ISSUED the Supplemental Bulletin Nr 01 prior to the 2005 Re-Bidding of AFP FCS Project this in effect, AS IT TURNED OUT LITERALLY TO GO EASY with the Joint Venture conditions such that during the 2005 Re-bidding, had allowed the entry of Ceragon Networks Israel (now Ceragon Networks USA).
SPECIAL ACCOMMODATIONS provided by AFP DND BAC and some “Inside-Job Connections” using the term “ANY” manifested “GLARING EVIDENCE OF CONFLICT OF INTEREST AND DECEIT, THE “FIXERS” HAVE FIXED ALL THE MAJOR DEFICIENCIES OF DATATRAIL CORPORATION — THIS IS CLEAR GROSS MANIPULATION OF ELIGIBILITY BIDDING REQUIREMENTS TO HAVE FAVORED A PROSPECTIVE BIDDER, THIS IS GRAVE MISCONDUCT GROSS VIOLATION OF RA9184 AND IRR AND THEY “JESUS B. TRINOS JR. & FRIENDS” GANGED UP TO DECEIVE/TRICK THE LEGITIMATE BIDDERS & THE PHILIPPINE GOVERNMENT” the DND Bids and Awards Committee they BECAME MAJOR ACCOMPLICES TO SECURE THE INTEREST of Datatrail Corporation who REFUSED and DID NOT participate the 1ST STAGE BIDDING able to bag the project, as if EVERYTHING TURNED OUT TO BE LEGAL IN AN INSTANT ! This is exactly lutong MACAW ! These were the same DND BAC OFFICIALS who said in March 2005 involved in the highly questionable failure of bidding, “Because of failure of bidding, we will invite more bidders this July 2005 for a level playing field.”
Here’s our question to AFP DND BAC: “Is this really fair ? “Is this the level playing field that they were talking about ?? Ang pinanalo ng AFP DND BAC, yung kumpanyang walang kadala dalang mga dokumento kundi JVA lang ? Binigay lang ng Datatrail Corp. ang Joint Venture Letter sa AFP DND BAC kung kelan tapos na ang bidding (Stage 1 & 2) walang nakakita sa aming mga bidders kung paano napasama sa listahan si Datatrail Corp., puro illegal shortcuts naman lahat ng ginawa ng DND-BAC pag si Datatrail Corp. na, samantalang yung mga dokumento namin lahat dumaan sa butas ng karayom; si Datatrail Corp., walang documents, di naman talaga kasali sa bidding pero ang palabas ng AFP DND BAC sila ang nanalo dahil may JVA, ano ba iyan, panalo kahit walang mga dokumento, hindi man lang nag-Bid ? Nagmamadali sa pag award ang DND-BAC noong 2006 excited na maipanalo si Datatrail Corp. kasi yung Datatrail Corp. na nanalo, di naman talaga sumali sa bidding at walang mga documents at marahil alam nilang masisilipan na sila dahil malaking pera ito na andaming irregularities hindi talaga dumaan sa tamang process si Datatrail Corp. Where’s transparency here ??? AFP DND BAC (2005-2006) DID NOT strictly implement the RA9184 and IRR dahil may manok pala sila. And where is business ethics, moral integrity and professionalism here ? Ano ba itong AFP FCS bidding na ito, ungguyan ?” Sorry for this word pero SOBRANG GINAGO po ang mga legitimate Bidders !
TAINTED WITH CORRUPTION & CONFLICT OF INTEREST:
The CTO of Datatrail Corp. is DIRECTLY “related by consanguinity” to one of the officials/appointees of then Secretary of National Defense Atty. Avelino Cruz (DND SEC 2004-2006) — Mr. Jesus B. Trinos Jr. is uncle-in-law of Atty. Joe Nathan Tenefrancia of CVC Law Office “The Firm”, PGMA’s Chief presidential legal counsel in 2005, senior deputy executive secretary for legal affairs in 2005 and currently, the election lawyer of Senator Mar Roxas. This may explain why such Joint Venture (the JVA specifically designed for this AFP FCS Project) have “fully accommodated” Datatrail Corp. for them to bag the project !
GOVERNMENT FRAUD: For having not declared, the Sworn affidavit of NON-RELATION to the Secretary of National Defense, etc. because of this they are, “Winners by Fraud !”
OBVIOUS TRACES OF GROSSLY MANIPULATED BIDDING SCAM & END RESULT OF SUCH A CONFLICT OF INTEREST:
The AFP DND BAC literally “fixed” with the help of their ‘INSIDE-JOB CONNECTIONS’ can CHANGE the Government Procurement Policy IN AN INSTANT they can release a Supplemental Bulletin Nr 01 AFP Fixed Communications System Project (Re-Bidding, 2005) “…submission by ANY of the entities comprising the joint venture shall be considered sufficient….” This AFP FCS bidding is nothing but ALL GROSS MANIPULATIONS ! With this, the deficiencies of Datatrail Corp. (who is ALSO DIRECTLY CONNECTED with the CVC Law Office “The Firm”) will be patched up by their partner, Ceragon Networks Israel (now Ceragon Networks USA). Also, the declaration of Ceragon Networks Israel (now Ceragon Networks USA) and Datatrail Corp. “Joint Venture” happened in November 2005 ! The 1ST STAGE ELIGIBILITY STAGE was held September 08, 2005, participated by four (4) bidders only, NOT 5. Datatrail Corporation DID NOT participate the bidding !
SOLID EVIDENCE (THIS IS WELL DOCUMENTED)
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.
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 !
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 Receipt 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. Kung kelan halos patapos na ang bidding, dun lang ididikit yung name nila sa Project na naka- “JVA” kuno ! Dahil po ba kasi masyadong malaki ang “TONG-PATS” !??
GRAND CONSPIRACY TO PLUNDER THE AFP FUNDS- MassIVE GRAFT AND CORRUPTION IN AFP MODERNIZATION PROGRAM DURING THE ARROYO ADMINISTRATION, 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 17, 2005
ISSUED the Supplemental Bulletin Nr 01 prior to the 2005 Re-Bidding and the following day was the Entry of the “FIXERS”: Ceragon Networks Israel (now Ceragon Networks USA) and Datatrail Corp., were two new suppliers in 2005 who BOTH win this AFP project the VERY SAME TIME these new people in DND BAC got their respective appointments, these were also the very same DND BAC OFFICIALS who declared the ‘highly questionable’ failure of bidding in prior bidding events, also happened in early 2005 and the very SAME PEOPLE who have ‘the connections’ the power TO REVISE within March 2005 (between 08 March 2005 and 17 March 2005) AND very SAME PEOPLE who ISSUED the Supplemental Bulletin Nr 01 prior to the 2005 Re-Bidding of AFP FCS Project this in effect, AS IT TURNED OUT LITERALLY TO GO EASY with the Joint Venture conditions such that during the 2005 Re-bidding, had allowed the entry of Ceragon Networks Israel (now Ceragon Networks USA) and such SPECIAL ACCOMMODATIONS provided by AFP DND BAC they have fully accommodated the entry HAVE TOTALLY SECURED THE INTEREST of its partner Datatrail Corporation who REFUSED and DID NOT participate the 1ST STAGE BIDDING able to bag the project, as if EVERYTHING TURNED OUT TO BE LEGAL IN AN INSTANT ! This is exactly lutong MACAW ! These were the same DND BAC OFFICIALS who said in March 2005 involved in the highly questionable failure of bidding, “Because of failure of bidding, we will invite more bidders this July 2005 for a level playing field.”
3/ 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)
4/ September 8, 2005
1ST Stage Re-Bidding, held on Sept.8 (Submission of Eligibility Documents) : Only 4 Bidders participated- Alcatel Phils., Inc., Lucent Technologies, Nera Phils. and Ceragon Networks
Legitimate Bidders being tricked: Datatrail Corporation WAS NOT among those who participated the 1ST STAGE ELIGIBILITY STAGE.
5/ November 2005 THE SO-CALLED “SWITCHING OF WINNERS” THRU “JVA”
Legitimate Bidders being tricked: AFP 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.”
6/ February 27, 2006
Legitimate Bidders being tricked: 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 (AS SIGN OF PROTEST because the Legitimate Bidders “felt” they are getting UNFAIR TREATMENT and obviously AFP DND BAC had seen being BIASED TOWARDS the favored suppliers (pabalik balik, paulit ulit at paikot ikot na lang ang Bidding na iyan ng AFP FCS ng WALANG DAHILAN, halatang halata na po naming SOBRANG GINAGAGO na lang po kasi ng AFP DND Bids and Awards Committee ang mga legitimate Bidders dahil maliwanag sa aming may manok pala sila !)
7/ April 4, 2006
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 joint venture between Ceragon Networks and Datatrail Corporation (Note: Datatrail Corporation DID NOT participate the 1ST STAGE ELIGIBILITY STAGE).
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 !”
8/ 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 !
9/ 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: Everyone 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.
10/ October 2 2009
Herminio Orbe (Supplier for Alcatel for AFP) was appointed as PLM Scholarship Foundation as President.
11/ October 2 2009
Jesus B. Trinos Jr. (Supplier for Ceragon Networks, Datatrail Corporation and Alcatel) the PLMAAI president, entered into an agreement with PLM Scholars Foundation, Inc. of Herminio Orbe (Supplier for Alcatel for AFP) with Banco De Oro C/A# 00438017412 Metropolitan Avenue Branch Makati City That is, they opened the PLM bank accounts in Makati City ! Is the Pamantasan ng Lungsod ng Maynila in Makati City ?? A block away from this Banco de Oro Makati Branch PLM bank accounts is the Philippines representative office of Ceragon Networks where payment and remittances is facilitated !
12/ Q3 2010
Wire Transfer/Cheque Payment from AFP Modernization Program Funds to Ceragon Networks Israel (now Ceragon Networks USA) – Datatrail Corp. JVA
13/ 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 ! They are Winners by FRAUD !
“THERE’S GRAND CONSPIRACY IN THE AWARDING OF CONTRACTS TO CERAGON NETWORKS ISRAEL (NOW CERAGON NETWORKS USA) 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 !)
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.
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) !
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.
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 !)-
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 (now Ceragon Networks USA) 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 Bids and Awards Committee, the identified “3rd party Group of Fixers from CVC Law Office the so-called The Firm” and “Supplier” Ceragon Networks/Datatrail Corporation have “an internal” BUSINESS PARTNERSHIP TO REWARDS THEMSELVES !
The Philippine STAR August 23, 2005 Tuesday (News, p. 3):
OMBUDSMAN ASKED TO PROBE BI OFFICIALS OVER $10-M ALIEN ID SCAM
Ilocos Norte Rep. Imee Marcos asked Ombudsman Simeon Marcelo yesterday to investigate allegations that Bureau of Immigration (BI) officials are involved in an allegedly anomalous $10-million deal for the printing of renewable identification cards for foreigners in the country.
The opposition congresswoman cited in particular the questionable awarding of a contract to Datatrail Corp., which was tasked to undertake the Alien Certificate of Registration ID project.
“The office of the Ombudsman should look into this, and I think Commissioner Alipio Fernandez has to explain why Datatrail was awarded the contract,” she said. The firm’s officers remain anonymous until now, she added.
Marcos said what makes the contract more suspicious is that Datatrail is a “fledging” company. “Some BI officials see the ACR-ID card as another money-making opporunity to legally extort from Chinese and Indian residents,” she said.
Marcos said the BI is expected to rake in $10-M or about Php 5.6-Billion from the implementation of the project alone.
“It only goes to show that the people in the bureau have other things in mind,” she said.
Marcos said the project means more money, especially for BI officials, who will receive hefty commissions, since the previous ACR-ID cards only cost PhP 1,050.
That amount has now ballooned to $50 or PhP2,759 every year, she added.
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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/
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: Everyone 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/
ATTENTION MANILA MAYOR ALFREDO LIM AND DND SEC VOLTAIRE GAZMIN
(We commemmorate on 21 August 2010 the death anniversary of the Philippines greatest martyr, freedom fighter and the 21st century national hero, our beloved Senator Benigno S. Aquino Jr., the father of our president P-Noy)
One of your Manila Board of Regents, Mr. Jesus B. Trinos Jr., was alleged involved in a Fraud Complaint in a multibillion peso anomalous deals, the Capability Upgrade Program (CUP), AFP Modernization Program Fixed Communications System Projects SCAM as supplier/agent for Datatrail Corp., Ceragon Networks Israel and Alcatel.
We need your help in the speedy investigation the one-million-peso-company Datatrail Corp. grossly defrauded the Philippine government, illegally bagging the Contracts in AFP DID NOT PASS the 1ST STAGE BIDDING THE ELIGIBILITY STAGE Datatrail Corporation DID N0T submit their Eligibility documents thereby grossly violating the RA9184 and IRR, this PhP 55,000 taxpaying company getting the multi-billion projects in AFP by fraud and influence peddling.
We know you as Mr. Clean honest disciplinarian and well known as criminal fraud buster, you hate Cheaters (ayaw po ninyo sa mga sinungaling, mapaglinlang, manlalamang, magnanakaw at mandaraya) especially when they are taking advantage of your good image; even using you and your good name by photo ops. We just saw you recently with Mr. Trinos and Ms. Gemma Cruz-Araneta at PLM during the ceremony welcoming the two new Regents. This is quite disturbing knowing that your good reputation will be at stake here gladly endorsing Mr. Trinos as Manila Regent. Mr. Jesus Trinos is currently involved in various fraudulent illegal activities highly anomalous deals controversial biddings and kickback schemes seen to be raking millions of dollars in government deals that are tainted with graft and corruption issues, influence peddling, grave collusion, daylight robbery and treacherous conspiracy among suppliers and the AFP DND BAC.
Jesus Trinos Jr. PLMAAI President (representative/agent for Ceragon Networks Israel, Datatrail Corp. and Alcatel) and Hermie Orbe PLM Foundation President (representative/agent for Alcatel) are both MAJOR PLAYERS here as telecommunications suppliers actively participating in the highly anomalous controversial AFP deals and they are on the way to transfer the AFP Modernization Program Funds thru PLM Foundations in which they elected themselves as officers to control the PLM Scholarship bank accounts they opened these bank accounts in Makati City (not in Manila) !?? These suppliers bagged Contracts the AFP Modernization Program Funds illegally, by massive fraud, collusion and these conspiring vendors have entered into JVA (c/o Ceragon Networks Israel and Datatrail Corp.) without Income Tax Return Stamped Receipt from BIR (EFS), etc., grossly violated the latest Government Procurement Act RA 9184 and IRR on JVA published early 2005. Like the Film Scam in 1994 (where the late Ms. Viveka Babajee the Miss Mauritius 1994, she announced the Winners by Fraud; likewise here, the suppliers in conspiracy with the AFP DND BAC 2005-2006 they announced the Winner thru a mere JVA declaration they exacted ‘switching of ballots/Winners’ i.e., thru a JVA, AN INSTANT Winner was declared by DND BAC, Winner without eligibility documents and BYPASSED THE 1ST STAGE BIDDING THE ELIGIBILITY STAGE ! )
Government fraud is A VERY SERIOUS CRIME !
WHY WE CALL IT MASSIVE FRAUD ?
The Winner, Datatrail Corporation DID NOT participate the 1ST STAGE BIDDING. This means they DID NOT PASS not just one, two or three Eligibility Legal Documents but The Winner lacks at least 31 pieces of information as required by the Government Procurement Act on ELIGIBILITY REQUIREMENTS, the RA 9184 and IRR on Joint Venture ! Sa nakaraang Comelec Bidding, na-disqualify po agad yung isang Bidder dahil may kulang ng isang Eligibility Document, Certificate of Accreditation mula sa Customs. Samantalang ang Datatrail Corporation, 33 pieces na dokumento ang hindi nila ibinigay sa AFP DND BAC. Kaya talagang “MASSIVE FRAUD”, napakalaking KALOKOHAN po ang AFP FCS Bidding na yan na nai-award sa Datatrail Corporation, in Joint Venture (kuno !) with Ceragon Networks Israel ! Grabeng SABWATAN po ang nangyari. Gusto nilang isahan ang Sambayanang Pilipino para magkamal sila ng salapi na Pera Ng Bayan ! Mukhang hindi din po sila nagbabayad ng tamang buwis sa gobyerno.
This is a national interest and your local government interest as well especially that one of your Regents was deeply involved in these illegal acts that are tainted with GRAFT AND CORRUPTION and fraudulent transactions, the AFP DND BAC highly controversial anomalous deals.
Sadya po nilang iniligaw yung mga Signatories na binabanggit nila. They DID NOT follow the rule of law the latest RA 9184 and IRR on JVA published early 2005. Datatrail Corporation DID NOT participate the 1ST STAGE BIDDING which is the MOST IMPORTANT STAGE BECAUSE IT IS THERE WHERE WE CAN SEE IF THIS COMPANY, DATATRAIL CORPORATION IS PAYING THE RIGHT TAXES and TO SEE THE QUALIFICATION HISTORY OF DATATRAIL CORPORATION, wala po silang pinakitang kahit anong ELIGIBILITY Documents. Again, Datatrail Corporation DID NOT participate the 1ST STAGE Bidding. This is highly illegal and criminal offense 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)
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
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 !
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 Receipt 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. Kung kelan halos patapos na ang bidding, dun lang ididikit yung name nila sa Project na naka- “JVA” kuno ! Dahil po ba kasi masyadong malaki ang “TONG-PATS” !??
There’s no need for a complainant filing the administrative, plunder and CRIMINAL LIABILITY / Estafa case. Visual evidence and glaring discrepancies is enough to pin them down.
ATTENTION THE SENATORS, AFP DND SEC VOLTAIRE GAZMIN & THE TRUTH COMMISSION
Please, protect the AFP Modernization Funds from being pocketed by “Mr. Jesus B. Trinos Jr. and Friends”
REQUEST FOR INVESTIGATION : AFP MODERNIZATION PLAN CAPABILITY UPGRADE PROGRAM (CUP) – FIXED COMMUNICATIONS SYSTEM BIDDING & CONTRACT AWARDING ANOMALIES IN THE ARMED FORCES
SPEED UP the AFP Modernization Program or speed up the Corruption ?
Favored supplier, Datatrail Corporation (Datatrail owns 90% of the PROCEEDS of the Joint Venture with Ceragon Networks Israel (now Ceragon Networks USA)), Datatrail is a smalltime taxpayer and private contractor who DID NOT participate the 1ST STAGE BIDDING ELIGIBILITY STAGE, bagged Contracts in AFP Modernization Projects in cahoots with Ceragon Networks Israel (now Ceragon Networks USA) and AFP DND BAC.
Additional violations and criminal offences-
A. Jesus B. Trinos Jr., CTO of Datatrail Corp. is actually “related by consanguinity” to one of the officials/appointees of Secretary of National Defense Atty. Avelino Cruz. Atty. Joe Nathan Tenefrancia of CVC Law Office “The Firm” and PGMA’s Chief presidential legal counsel in 2005 and senior deputy executive secretary for legal affairs in 2005, is brother-in-law of one Ms. Beki Trinos-Tenefrancia, a niece of Mr. Trinos. Datatrail Corp. should have made such declaration on AMENDED BID FORM 2, the Affidavit of Disclosure of No Relationship. The Amended Bid Form 2 states that the firm/partnership/joint venture/corporation, or any of its officers, directors, controlling stockholders and members, is NOT related by consanguinity or affinity up to the third civil degree to the Secretary of National Defense, to the BAC, TWG or Secretariat members, or to ANY DND or DND Bureau officials or employees who directly or indirectly TOOK PART in the bidding process or otherwise have DIRECT ACCESS TO INFORMATION that may SUBSTANTIALLY AFFECT THE RESULT of the bidding.
B. Supplemental Bulletin Nr 01 AFP Fixed Communications System Project (Re-Bidding, 2005)
1. This supplemental bulletin is issued to clarify the eligibility requirements to be submitted by a joint venture in order to be declared eligible to bid for the AFP Fixed Communications System (FCS) Project.
2. Pursuant to the Government Procurement Policy Board Opinion No. NPM 018-2005 dated 08 March 2005, the entities comprising the joint venture should be able to INDIVIDUALLY PROVE to the satisfaction of the government that it has the personality to engage in business undertakings. For this reason, the requirement for submission of LEGAL DOCUMENTS should mean the INDIVIDUAL SUBMISSION OF ALL the entries comprising the joint venture. The following are the legal eligibility documents which MUST BE submitted BY EACH of the entities comprising the joint venture:
a) Contractor’s Confidential Qualification Statement (Bid Form 1);
b) Department of Trade and Industry (DTI) registration certificate, whichever may be appropriate under existing laws in the Philippines, or its appropriate foreign equivalent;
c) Valid and current Mayor’s Permit or its appropriate foreign equivalent;
d) Taxpayer’s Identification Number (TIN) or its appropriate foreign equivalent;
e) Sworn affidavit of NON-RELATION to the Secretary of National Defense, the members of the Bids and Awards Committee (BAC), the Technical Working Group, the BAC Secretariat, ot to any DND or DND Bureau officials or employees who DIRECTLY or INDIRECTLY took part in the bidding process or otherwise have direct access to information that may substantially affect the result of the bidding. (Amended Bid Form 2);
i) Board Resolution or its equivalent, authorizing the company to participate in the bidding for the FCS Project, singly or in JOINT VENTURE with another company, as the case may be. (Bid Form 7); and
THE “FIXERS” IN ACTION: 3. By the nature of the following legal documents, however, submission by “ANY” of the entities comprising the joint venture shall be considered sufficient:
a) Sworn Statement that the Bidder has visited and/or conducted surveys on all sites and stations on Volume II – Technical Specifications of the Bid Documents for the Fixed Communications System;
b) Commitment to Secure Export License (Bid Form 5);
c) National Telecommunications Commission (NTC) Dealer’s Permit or its appropriate foreign equivalent.
THE “FIXERS” IN ACTION: 4. On the other hand, the GPPB opined that the submission of technical and financial documentary requirements BY “ANY” of the entities comprising the joint venture constitutes compliance by the joint venture. Reiterated below are the technical and financial eligibility requirements for the AFP FCS project, which may be submitted by ANY of the entities comprising the joint venture:
TECHNICAL DOCUMENTS
a) Copy of a signle sale transaction with a contract value of FIFTY PERCENT (50%) of the Approved Budget for the Contract amounting to PhP 223.68M;
b) Major Supply Contract over the last three (3) years. (Bid Form 8);
c) Literature and brochures describing the equipment, the manufacturer’s factory, manufacturing facilities, products and service centers;
FINANCIAL DOCUMENTS
d) Net Financial Contracting Capacity (NFCC) Computation or Credit Line Certificate or Certificate of Cash Deposit amounting to ten percent (10%) of the approved budget;
5. It is hereby clarified, however, that notwithstanding the foregoing, the following financial documents specified in the bidding documents are required to be submitted by ALL entities comprising the joint venture pursuant to Executive Order No. 398 dated 12 January 2005 and Revenue Regulations No. 3-2005 dated 17 February 2005:
a) Audited Financial Statements for the last three (3) calendar years, stamped “RECEIVED” by the BIR or the taxign authority in the country of origin, in case of foreign suppliers;
b) Latest Income Tax;
c) Value Added Tax (VAT) or Percentage Tax Returns covering the previous six (6) months; and
d) Tax Clearance issued by the Collection Enforcement Division of the Bureau of Internal Revenue attesting that the taxpayer has no outstanding Final Assessment Notice and/or delinquent account.
6. It must be noted that parties to a JOINT VENTURE cannot add the amount of each opther of their largest signle contract to be able to comply with the eligibility criterion of at least 50% of the approved budget for the contract to be bid (GPPB Opinion No. NPM 020-2005 dated 17 March 2005).
7.For the purpose of this bidding, the following Class “B” Eligibility Documents, when applicable, may likewise be submitted inly by the appropriate entity comprising the joint venture:
a) Joint Venture Agreement (Bid Form 10);
b) Letter of authority to validate submitted bid docs (Bid Form 11);
c) Manufacturer’s authorization (Bid Form 12);
8. On another matter, prospective bidders are advised of the following changes in the eligibility documents required to be submitted for the AFP FCS PRoject:
b) The Sworn Affidavit of Non-relation or Bid Form 2 as required under Section 25.4.1.1.6 is hereby amended.
SIGNED (April 2005): USEC. JOSE F. SANTOS Chairman
As amended by Memorandum Order No. 176, dated 27 June 2005, published in the Official Gazette on 29 August 2005 (again, this is a year 2005 Memorandum Order).
“Class “A” Documents –
a) Valid joint venture agreement, in case of a joint venture. EACH MEMBER of the joint venture shall submit the required Eligibility Documents;” ;
“Eligibility Requirements for Joint Venture (JV): The determination of eligibility of prospective bidders is based on the submission of Class ‘A’ (legal, technical and financial documents).” ;
“ALL MEMBERS of the JV should provide SEPARATE Class ‘A’ documents to be eligible.”.
DND BAC failed to implement the latest IRR of RA 9184 on Ceragon Networks Israel (now Ceragon Networks USA) – Datatrail Corp. Joint Venture the law states that, “EACH MEMBER of the joint venture SHALL SUBMIT (AND PASS !) all the required Eligibility Documents.” So, Datatrail MUST comply “SUBMIT/PASS” all Eligibility Documents first, just like what the other bidders did. Must SUBMIT THEM infront of the other bidders also, so we can validate ALL their original Class ‘A’ Legal Documents ! Datatrail Corp. DID NOT participate the 1ST STAGE ELIGILIBITY STAGE, this is even documented on PAF Manokski Website online archive. Only 4, not 5 participated the 1ST STAGE BIDDING, THE ELIGIBILITY STAGE.
THE “FIXERS” SHOULD BE HELD ACCOUNTABLE: THE USE OF ‘ANY’ IN THE ABOVE WAS TOTALLY ABUSED GROSSLY DISADVANTAGEOUS TO THE GOVERNMENT THEY FOOLED THE LEGITIMATE BIDDERS AND THE PHILIPPINE GOVERNMENT so Datatrail Corporation will be spared and their papers will NOT be scrutinized and in effect, they could evade taxes and prevent them from submission of Income Tax Return, etc. These are works of liars, fixers and thieves ! Where is our TRUTH COMMISSION to investigate them ?
Ceragon Networks Israel (now Ceragon Networks USA) and Datatrail Corp., were two new suppliers in 2005 who BOTH win this AFP project the VERY SAME TIME these new people in DND BAC got their respective appointments, these were also the very same DND BAC OFFICIALS who declared the ‘highly questionable’ failure of bidding in prior bidding events, also happened in early 2005 and the very SAME PEOPLE who have ‘the connections’ the power TO REVISE within March 2005 (between 08 March 2005 and 17 March 2005) AND very SAME PEOPLE who ISSUED the Supplemental Bulletin Nr 01 prior to the 2005 Re-Bidding of AFP FCS Project this in effect, AS IT TURNED OUT LITERALLY TO GO EASY with the Joint Venture conditions such that during the 2005 Re-bidding, had allowed the entry of Ceragon Networks Israel (now Ceragon Networks USA).
SPECIAL ACCOMMODATIONS provided by AFP DND BAC and some “Inside-Job Connections” using the term “ANY” manifested “GLARING EVIDENCE OF CONFLICT OF INTEREST AND DECEIT, THE “FIXERS” HAVE FIXED ALL THE MAJOR DEFICIENCIES OF DATATRAIL CORPORATION — THIS IS CLEAR GROSS MANIPULATION OF ELIGIBILITY BIDDING REQUIREMENTS TO HAVE FAVORED A PROSPECTIVE BIDDER, THIS IS GRAVE MISCONDUCT GROSS VIOLATION OF RA9184 AND IRR AND THEY “JESUS B. TRINOS JR. & FRIENDS” GANGED UP TO DECEIVE/TRICK THE LEGITIMATE BIDDERS & THE PHILIPPINE GOVERNMENT” the DND Bids and Awards Committee they BECAME MAJOR ACCOMPLICES TO SECURE THE INTEREST of Datatrail Corporation who REFUSED and DID NOT participate the 1ST STAGE BIDDING able to bag the project, as if EVERYTHING TURNED OUT TO BE LEGAL IN AN INSTANT ! This is exactly lutong MACAW ! These were the same DND BAC OFFICIALS who said in March 2005 involved in the highly questionable failure of bidding, “Because of failure of bidding, we will invite more bidders this July 2005 for a level playing field.”
Here’s our question to AFP DND BAC: “Is this really fair ? “Is this the level playing field that they were talking about ?? Ang pinanalo ng AFP DND BAC, yung kumpanyang walang kadala dalang mga dokumento kundi JVA lang ? Binigay lang ng Datatrail Corp. ang Joint Venture Letter sa AFP DND BAC kung kelan tapos na ang bidding (Stage 1 & 2) walang nakakita sa aming mga bidders kung paano napasama sa listahan si Datatrail Corp., puro illegal shortcuts naman lahat ng ginawa ng DND-BAC pag si Datatrail Corp. na, samantalang yung mga dokumento namin lahat dumaan sa butas ng karayom; si Datatrail Corp., walang documents, di naman talaga kasali sa bidding pero ang palabas ng AFP DND BAC sila ang nanalo dahil may JVA, ano ba iyan, panalo kahit walang mga dokumento, hindi man lang nag-Bid ? Nagmamadali sa pag award ang DND-BAC noong 2006 excited na maipanalo si Datatrail Corp. kasi yung Datatrail Corp. na nanalo, di naman talaga sumali sa bidding at walang mga documents at marahil alam nilang masisilipan na sila dahil malaking pera ito na andaming irregularities hindi talaga dumaan sa tamang process si Datatrail Corp. Where’s transparency here ??? AFP DND BAC (2005-2006) DID NOT strictly implement the RA9184 and IRR dahil may manok pala sila. And where is business ethics, moral integrity and professionalism here ? Ano ba itong AFP FCS bidding na ito, ungguyan ?” Sorry for this word pero SOBRANG GINAGO po ang mga legitimate Bidders !
TAINTED WITH CORRUPTION & CONFLICT OF INTEREST:
The CTO of Datatrail Corp. is DIRECTLY “related by consanguinity” to one of the officials/appointees of then Secretary of National Defense Atty. Avelino Cruz (DND SEC 2004-2006) — Mr. Jesus B. Trinos Jr. is uncle-in-law of Atty. Joe Nathan Tenefrancia of CVC Law Office “The Firm”, PGMA’s Chief presidential legal counsel in 2005, senior deputy executive secretary for legal affairs in 2005 and currently, the election lawyer of Senator Mar Roxas. This may explain why such Joint Venture (the JVA specifically designed for this AFP FCS Project) have “fully accommodated” Datatrail Corp. for them to bag the project !
GOVERNMENT FRAUD: For having not declared, the Sworn affidavit of NON-RELATION to the Secretary of National Defense, etc. because of this they are, “Winners by Fraud !”
OBVIOUS TRACES OF GROSSLY MANIPULATED BIDDING SCAM & END RESULT OF SUCH A CONFLICT OF INTEREST:
The AFP DND BAC literally “fixed” with the help of their ‘INSIDE-JOB CONNECTIONS’ can CHANGE the Government Procurement Policy IN AN INSTANT they can release a Supplemental Bulletin Nr 01 AFP Fixed Communications System Project (Re-Bidding, 2005) “…submission by ANY of the entities comprising the joint venture shall be considered sufficient….” This AFP FCS bidding is nothing but ALL GROSS MANIPULATIONS ! With this, the deficiencies of Datatrail Corp. (who is ALSO DIRECTLY CONNECTED with the CVC Law Office “The Firm”) will be patched up by their partner, Ceragon Networks Israel (now Ceragon Networks USA). Also, the declaration of Ceragon Networks Israel (now Ceragon Networks USA) and Datatrail Corp. “Joint Venture” happened in November 2005 ! The 1ST STAGE ELIGIBILITY STAGE was held September 08, 2005, participated by four (4) bidders only, NOT 5. Datatrail Corporation DID NOT participate the bidding !
SOLID EVIDENCE (THIS IS WELL DOCUMENTED)
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
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 !
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 Receipt 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. Kung kelan halos patapos na ang bidding, dun lang ididikit yung name nila sa Project na naka- “JVA” kuno ! Dahil po ba kasi masyadong malaki ang “TONG-PATS” !??
GRAND CONSPIRACY TO PLUNDER THE AFP FUNDS- MassIVE GRAFT AND CORRUPTION IN AFP MODERNIZATION PROGRAM DURING THE ARROYO ADMINISTRATION, 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 17, 2005
ISSUED the Supplemental Bulletin Nr 01 prior to the 2005 Re-Bidding and the following day was the Entry of the “FIXERS”: Ceragon Networks Israel (now Ceragon Networks USA) and Datatrail Corp., were two new suppliers in 2005 who BOTH win this AFP project the VERY SAME TIME these new people in DND BAC got their respective appointments, these were also the very same DND BAC OFFICIALS who declared the ‘highly questionable’ failure of bidding in prior bidding events, also happened in early 2005 and the very SAME PEOPLE who have ‘the connections’ the power TO REVISE within March 2005 (between 08 March 2005 and 17 March 2005) AND very SAME PEOPLE who ISSUED the Supplemental Bulletin Nr 01 prior to the 2005 Re-Bidding of AFP FCS Project this in effect, AS IT TURNED OUT LITERALLY TO GO EASY with the Joint Venture conditions such that during the 2005 Re-bidding, had allowed the entry of Ceragon Networks Israel (now Ceragon Networks USA) and such SPECIAL ACCOMMODATIONS provided by AFP DND BAC they have fully accommodated the entry HAVE TOTALLY SECURED THE INTEREST of its partner Datatrail Corporation who REFUSED and DID NOT participate the 1ST STAGE BIDDING able to bag the project, as if EVERYTHING TURNED OUT TO BE LEGAL IN AN INSTANT ! This is exactly lutong MACAW ! These were the same DND BAC OFFICIALS who said in March 2005 involved in the highly questionable failure of bidding, “Because of failure of bidding, we will invite more bidders this July 2005 for a level playing field.”
3/ 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)
4/ September 8, 2005
1ST Stage Re-Bidding, held on Sept.8 (Submission of Eligibility Documents) : Only 4 Bidders participated- Alcatel Phils., Inc., Lucent Technologies, Nera Phils. and Ceragon Networks
Legitimate Bidders being tricked: Datatrail Corporation WAS NOT among those who participated the 1ST STAGE ELIGIBILITY STAGE.
5/ November 2005 THE SO-CALLED “SWITCHING OF WINNERS” THRU “JVA”
Legitimate Bidders being tricked: AFP 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.”
6/ February 27, 2006
Legitimate Bidders being tricked: 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 (AS SIGN OF PROTEST because the Legitimate Bidders “felt” they are getting UNFAIR TREATMENT and obviously AFP DND BAC had seen being BIASED TOWARDS the favored suppliers (pabalik balik, paulit ulit at paikot ikot na lang ang Bidding na iyan ng AFP FCS ng WALANG DAHILAN, halatang halata na po naming SOBRANG GINAGAGO na lang po kasi ng AFP DND Bids and Awards Committee ang mga legitimate Bidders dahil maliwanag sa aming may manok pala sila !)
7/ April 4, 2006
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 joint venture between Ceragon Networks and Datatrail Corporation (Note: Datatrail Corporation DID NOT participate the 1ST STAGE ELIGIBILITY STAGE).
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 !”
8/ 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 !
9/ 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: Everyone 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.
10/ October 2 2009
Herminio Orbe (Supplier for Alcatel for AFP) was appointed as PLM Scholarship Foundation as President.
11/ October 2 2009
Jesus B. Trinos Jr. (Supplier for Ceragon Networks, Datatrail Corporation and Alcatel) the PLMAAI president, entered into an agreement with PLM Scholars Foundation, Inc. of Herminio Orbe (Supplier for Alcatel for AFP) with Banco De Oro C/A# 00438017412 Metropolitan Avenue Branch Makati City That is, they opened the PLM bank accounts in Makati City ! Is the Pamantasan ng Lungsod ng Maynila in Makati City ?? A block away from this Banco de Oro Makati Branch PLM bank accounts is the Philippines representative office of Ceragon Networks where payment and remittances is facilitated !
12/ Q3 2010
Wire Transfer/Cheque Payment from AFP Modernization Program Funds to Ceragon Networks Israel (now Ceragon Networks USA) – Datatrail Corp. JVA
13/ 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 ! They are Winners by FRAUD !
“THERE’S GRAND CONSPIRACY IN THE AWARDING OF CONTRACTS TO CERAGON NETWORKS ISRAEL (NOW CERAGON NETWORKS USA) 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
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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:
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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 (now Ceragon Networks USA) 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 Bids and Awards Committee, the identified “3rd party Group of Fixers from CVC Law Office the so-called The Firm” and “Supplier” Ceragon Networks/Datatrail Corporation have “an internal” BUSINESS PARTNERSHIP TO REWARDS THEMSELVES !
The Philippine STAR August 23, 2005 Tuesday (News, p. 3):
OMBUDSMAN ASKED TO PROBE BI OFFICIALS OVER $10-M ALIEN ID SCAM
Ilocos Norte Rep. Imee Marcos asked Ombudsman Simeon Marcelo yesterday to investigate allegations that Bureau of Immigration (BI) officials are involved in an allegedly anomalous $10-million deal for the printing of renewable identification cards for foreigners in the country.
The opposition congresswoman cited in particular the questionable awarding of a contract to Datatrail Corp., which was tasked to undertake the Alien Certificate of Registration ID project.
“The office of the Ombudsman should look into this, and I think Commissioner Alipio Fernandez has to explain why Datatrail was awarded the contract,” she said. The firm’s officers remain anonymous until now, she added.
Marcos said what makes the contract more suspicious is that Datatrail is a “fledging” company. “Some BI officials see the ACR-ID card as another money-making opporunity to legally extort from Chinese and Indian residents,” she said.
Marcos said the BI is expected to rake in $10-M or about Php 5.6-Billion from the implementation of the project alone.
“It only goes to show that the people in the bureau have other things in mind,” she said.
Marcos said the project means more money, especially for BI officials, who will receive hefty commissions, since the previous ACR-ID cards only cost PhP 1,050.
That amount has now ballooned to $50 or PhP2,759 every year, she added.