The Vessel Monitoring System (VMS), which is seen to help in sustaining marine resources by keeping track of commercial fishing vessels, is facing a new challenge in the Philippines.
In a Dec. 14, 2022 letter to Bureau of Fisheries and Aquatic Resources (BFAR) officer-in-charge Demosthenes Escoto, the BFAR was asked to clarify what happens next as the Integrated Marine Environment Monitoring System (IMEMS) contract with a British solutions provider has already expired.
The VMS forms part of the IMEMS, which BFAR had said seeks to effectively monitor and control marine resources in the Philippines, especially through the detection of illegal activities.
But there’s a problem.
In the Dec. 14, 2022 letter to BFAR, sent by lawyer Ma. Neseira Ailah G. Tuquero, the bureau was told that based on the Terms of Reference contained in IB No. 2018-19, “delivery of goods is required within 4 years reckoned from the date of receipt of the Notice to Proceed and in accordance with the project implementation schedule provided in the bidding documents.”
The Proceed Date indicated in the Notice of Award was indicated as Dec. 4, 2018 while the Contract End Date was indicated as Dec. 4, 2021, so “based on the award, the contract has already expired for over a year.”
“Even assuming for the sake of argument that the expiration date as stated was a typo, the same has also expired,” the letter read. “This also has a direct bearing on the satellite services subscription which applies only for the whole duration of the project.”
As stated in the letter, the expiration of the contract will also necessarily result in consequences such as, but not limited to, the forfeiture of the performance security or extension thereof along with other effects as may be provided in the various Termination Clauses under the Terms of Reference, particularly in cases of default.