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Pot Luck
By Michael Alan Hamlin
March 24, 2003

Last week was one of those times when choosing what to write on was akin to the dilemma of deciding where to start attacking a table loaded with a large pot luck meal. Who's adobo flakes are flakiest? Which paella will best delight the senses with a sumptuous bouquet of flavors? Which crispy pata is really crispiest? Or maybe, they're all just great, and I want them all!

So glutton that I am, I've decided to present a potpourri of commentary. I'll start with the light stuff. A friend from Hong Kong had an interesting experience with Philippine Airlines (PAL). He's been a loyal PAL Smiles frequent flier for around two years, and flies back and forth regularly - sometimes twice a month - between Hong Kong and Manila. In fact, he was here last weekend, and the weekend before.

Unfortunately, this friend has received a job offer in Washington DC that is just too good to say "No," to, and he's heading back to the states after a three-year stint in Asia. Before he leaves, he decided he'd like to use his accumulated PAL Smiles mileage to upgrade to business class last weekend. But when he went to make arrangements Wednesday, he was told that the request would take four to nine days to process!

How's that for efficiency? What? You're not surprised? Gee, I'm shocked. Anyway, my friend was, naturally, pretty incensed. So he called up Cebu Pacific, and booked an economy class seat. The process presented a couple of happy surprises. First, the airfare was about half what he would have paid PAL. Second, when he told the reservations assistant why he was booking on Cebu Pacific instead of PAL, she upgraded him to business class on the spot. I guess we know who has the loyal customer now.

But why should PAL care? After all, my friend is heading back to the U.S., and won't be flying PAL or any other airline much anymore. Well, there are at least two reasons why PAL should care. First, my friend is well connected in Asia, and he'll share this story with as many people as he possibly can. And since he's a journalist, that network is likely to expand pretty exponentially. While he's too principled to gripe about his own experience, PAL probably won't be able to count on his good will when an opportunity comes to write a legitimate story on airline travel in Asia.

Second, he won't take PAL home, or use PAL on any of his future, and frequent, visits to the region from his new base. This customer is history. And it doesn't take too many disgruntled business class and full fare customers to make a significant dent on revenues.

Now, on to weightier matters. Among them is developments with the infamous G-EPS bid. Last week Department of Budget and Management secretary Emilia Boncodin said that the winning iTBF partnership is a joint venture, which was disclosed to the Inter-Agency Bids and Awards Committee, and that even if it can't legally sign a contract the government can run after the partners. You'll recall last week that I suggested it might be difficult; i.e., impossible, to sign a binding agreement with an organization that doesn't have a legal personality.

Ms. Boncodin's statement, however, betrays the arbitrary application of procedural rules by IABAC. First, sources inside DMB say that the iTBF JV wasn't freely disclosed. Disclosure came when a member of the committee requested clarification of the true relationship between the iTBF partners. That might seem a minor technicality, but in BayanTrade's view - a member of a disqualified (and registered) consortium - a far more minor technicality resulted in its early disqualification from the bidding.

The BayanTrade (Full Disclosure: BayanTrade and some other firms that bid for the G-EPS are clients of mine.) consortium was disqualified because it didn't fill out a form listing its partners (although it submitted a notarized secretary's statement providing this information). But EWETC - iTBF's original incarnation - has been reincarnated during the evaluation process, evolving from informal coalition with no personality to unregistered JV - using an entirely different name - with no legal personality. And not only was no penalty assessed, iTBF instead has been proclaimed the winner of the bidding. Weird, huh?

One of the reasons the technical infractions are important is the obvious fact that the penalty - disqualification - isn't uniformly administered. This arbitrary application of procedural penalties certainly suggests that procedural technicalities were employed to eliminate strong contenders. In fact, another consortium was disqualified because its bid documents arrived a whopping six minutes late.

Another reason it's an issue is that the government cannot sign a legal contract with a firm that has no legal personality. And even if iTBF registers now, the contract was negotiated when no legal entity existed. Therefore, as far as the G-EPS contract is signed, iTBF still has, I'm told, no legal personality. Registration, for obvious reasons, is not retroactive. Attempting to make it so is - you guessed it - a procedural infraction. So what will government do? Sign a contract with five different partners, representing iTBF's "dis-incarnation?"

Well, the obfuscation now seems destined to go on for quite some time, although the next IABAC meeting is scheduled to take up a position paper submitted by Ayala Systems Technology, Inc. - the runner up in the bidding process - which summarizes these complaints in its next meeting. I understand from a friend that it's at the bottom of the agenda.

The third dish on the table has to do with the U.S. Ambassador acting as the administration's PR flak. According to a March 19 editorial in The Asian Wall Street Journal, Ambassador Francis J. Ricciardone admitted to agreeing to take calls from the Journal's competitors and in those calls criticizing the paper's editorial coverage of the administration. When one of the reporters who talked to the ambassador, Thomas Crampton of the International Herald Tribune, reported the misguided effort to the Journal, the ambassador and the friends who put him up to this trick found themselves on the wrong end of a relationship with one of the world's biggest - and most respected - business publishers.

That's not a pleasant place to be. But it is a funny story.

(Michael Alan Hamlin is the managing director of consultancy TeamAsia and the author of three books on Asian economies and companies. His latest book is Marketing Asian Places, of which he is a co-author (Wiley, 2001), and he is currently at work on High Visibility: The Making and Marketing of Asian Professionals into Celebrities. Write him at mahamlin@teamasia.com.).

Copyright © 2003 Michael Alan Hamlin. All Rights Reserved.

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