Resolution No. 8576

WHEREAS, Section 6 of Republic Act No. 9369 authorizes the Commission on Elections, hereinafter referred to as the Commission, to use an automated election system or systems, whether paper-based or a direct recording electronic system as it may deem appropriate and practical for the process of voting, counting of votes and canvassing/consolidation and transmittal of electoral results;

WHEREAS, to achieve the above purpose, Section 10 of the same Act authorizes the Commission to procure an automated election system, including the necessary supplies, equipment, materials, software, facilities and other service, from local or foreign sources, in accordance with existing laws, by purchase, lease, rent or other forms of acquisition;

WHEREAS, in a letter dated November 10, 2008, the Commission inquired from the Government Procurement Policy Board (GPPB) on whether the Commission can delegate the bidding for automated election system and the necessary equipment, peripherals and services;

WHEREAS, in a letter dated November 28, 2008, the GPBB, citing the 2nd paragraph of Section 53 (e) of the Implementing Rules and Regulations Part A (IRR-A) of R.A. 9184, confirms that the Commission may engage a procurement agent to undertake its bidding and other procurement activities;

WHEREAS, Section 9 of the same Act created an Advisory Council, hereinafter referred to as the Comelec Advisory Council or CAC, which shall, among other functions, recommend the most appropriate, secure, applicable and cost-effective technology to be applied in the automated election system, in whole or in part;

WHEREAS, in its Resolution of November 28, 2008, the CAC recommends to the Commission the following:

1. Nationwide automation of the 2010 national and local elections using the following technologies:
1. Direct Recording Electronic (DRE) technology or Precinct Count Optical Scan (PCOS) technology for all areas, subject to the election automation budget, prioritizing the following areas:

a.1 Problem areas as determined by the Commission;

a.2 Metro Manila;

a.3 Highly urbanized cities

a.4 Major urban cities/municipalities

2. Central Count Optical Scan (CCOS) technology for all other areas not covered by DRE or PCOS technology;
3. Public telecommunications networks for the transmission of results.
2. Provide the CAC an opportunity to review the terms of reference (TOR) and other bid documents prior to commencement of procurement in accordance with Section 9 of R.A. 9369;
3. Allow the CAC to fulfill its mandate to participate as non-voting members of the Bids and Awards Committee and the Steering Committee.

WHEREAS, on January 7, 8 and 9, 2009, the Commission, together with the CAC, held a workshop-conference for the purpose of finalizing the TOR;

NOW, THEREFORE, the Commission RESOLVED as it hereby RESOLVES to:

1. Request the CICT through the NCC to undertake the procurement for automated election system, for purposes of the May 10, 2010 national and local elections;
2. Confirm the Commission's decision not to use DRE due to budgetary constraints;
3. Pursue a nationwide automation of the 2010 national and local elections using Precinct Count Optical Scan (PCOS) technology at the Polling Place or Voting Center levels, and use public telecommunications networks for the transmission of results;
4. Configure the ballots by city/municipality instead of by precinct;
5. Use only one (1) sheet of ballot per voter that can accommodate a maximum of 300 names of candidates for each side of the ballot, and that ballots intended for areas where Arabic is of general use shall have each of the titles of offices voted for printed in Arabic in addition to and immediately below the English title;
6. Configure the machine in such a way that it shall emit a signal when a fake or spurious ballot is fed into the machine. The machine shall not scan the ballot but course the ballot to a bin for fake or spurious ballot;
7. Require the machines to have an alternative power supply that will last for at least 12 hours;
8. Require the system to reject/prevent previously transmitted results;
9. Make optional on the part of the bidder, the use of the consolidation/canvassing system adopted by the Commission in the 2008 election of regional officials in the Autonomous Region in Muslim Mindanao (ARMM); and
10. Include in the RFP/TOR a provision giving the Commission the right to publish the bids after the award.

RESOLVED, further, to constitute the Steering Committee that shall be responsible for the implementation of the Automated Election System (AES), composed of the following:

1. One (1) Commissioner of the Commission who shall act as Chairman;
2. The Chairman of the CAC, as Vice Chairman;
3. One (1) representative from the Department of Science and Technology (DOST), as Member;
4. The Project Manager designated by the vendor, as Member; and
5. The Project Director of the Commission, as Member.

The Chairman and Vice-Chairman of the Steering Committee shall participate as non voting members thereof.

Let the Executive Director implement this Resolution.