Post on 02-Jan-2016
description
BLACKLISTING
1
BLACKLISTING
GPPB Resolution No. 09-2004 pursuant to 69.4 of the Revised IRR
BLACKLISTING: An administrative penalty disqualifying a person or an entity from participating in any government procurement for a given period.
SANCTIONS:suspension for one (1) year for the first offensesuspension for two (2) years for the second offense-without prejudice to the imposition of additional administrative sanctions as the internal rules of the agency may provide and/or further criminal prosecution-Bid Security is also forfeited
2
BLACKLISTING
Who may initiate?
Any bidder/prospective bidder or duly authorized observer by filing a written complaint with the BAC.
BAC may also motu proprio commence the proceedings upon prima facie determination that the contractor as a bidder or prospective bidder has committed any of the grounds for blacklisting during the competitive bidding stage.
3
SUSPENSION:
The administrative penalty imposed for infractions committed by a contractor during competitive bidding stage, whereby such contractor is prohibited from further participation in the bidding process of an agency.
CONTRACT IMPLEMENTATION A process of undertaking a project or contract in accordance with the contract documents.
4
BLACKLISTING
DURING COMPETITIVE BIDDING STAGE1.Submission of eligibility requirements containing false information or falsified documents. 2.Submission of Bids that contain false information or falsified documents, or the concealment of such information in the Bids in order to influence the outcome of eligibility screening or any other stage of the public bidding.3.Allowing the use of one’s name , or using the name of the name of another for purpose of public bidding.4.Withdrawal of a bid, or refusal to accept an award, or enter into contract with the government without justifiable cause, after he had been adjudged as having submitted the LCRB/HRRB.
5
BLACKLISTING
DURING COMPETITIVE BIDDING STAGE5.Refusal or failure to post the required performance security within the prescribed time.6.Refusal to clarify or validate in writing its Bid during post qualification within a period of seven (7) calendar days from receipt of the request for clarification. 7.Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor.8.All other acts that tend to defeat the purpose of the competitive bidding, such as habitually withdrawing from bidding or submitting late bids or patently insufficient bids, for at least three (3) times within a year, except for valid reasons.
6
BLACKLISTING
DURING CONTRACT IMPLEMENTATION
a) Failure of the contractor, due solely to his fault or negligence, to mobilize and start work or performance within the specified period in the Notice to Proceed (“NTP”); b) Failure by the contractor to fully and faithfully comply with its contractual obligations without valid cause, or failure by the contractor to comply with any written lawful instruction of the procuring entity or its representative(s) pursuant to the implementation of the Contract;
7
BLACKLISTING
DURING CONTRACT IMPLEMENTATION
c) Assignment and subcontracting of the contract or any part thereof or substitution of key personnel named in the proposal without prior written approval by the procuring entity;
d) For the procurement of goods, unsatisfactory progress in the delivery of the goods by the manufacturer, supplier or distributor arising from his fault or negligence and/or unsatisfactory or inferior quality of goods, as may be provided in the contract;
8
BLACKLISTING
DURING CONTRACT IMPLEMENTATION
e) For the procurement of consulting services, poor performance by the consultant of his services arising from his fault or negligence;
f) For the procurement of infrastructure projects, poor performance by the contractor or unsatisfactory quality and/or progress of work arising from his fault or negligence as reflected in the Constructor's Performance Evaluation;
9
BLACKLISTING
DURING CONTRACT IMPLEMENTATION
g) Willful or deliberate abandonment or non-performance of the project or contract by the contractor resulting to substantial breach thereof without lawful and/or just cause; and
In addition to the penalty of suspension, the performance security shall also be forfeited
10
BLACKLISTING
DURING CONTRACT IMPLEMENTATION
HOPE shall immediately issue a Blacklisting Order disqualifying the erring contractor from participating in the bidding of all government projects upon termination of the contract due to default of contractor.
GPPB Resolution No. 18-2004 dated 22 December 2004
11
Blacklisting Procedure for Competitive Bidding Stage
Initiation of Action BAC to verify the existence of the grounds Notify Contractor
Complaint has been filed Show cause Hearing to be conducted upon request Consequence of being blacklisted
Submit within 5 cd from receipt, contractor to submit written answer (no time extension allowed)
12
Failure to answer, BAC to issue a resolution recommending suspension in any bidding process of the agency and forfeiture of bid security
If an Answer is submitted but no hearing is requested, BAC shall determine the case based on the documents then issue a resolution recommending suspension in any bidding process of the agency and forfeiture of bid security
Hearing Non-litigious and to be terminated within 5 cd BAC may Invite Observers
13
Decision
HOPE shall issue Resolution within 15 cd from receipt Determine if reasonable cause exists To issue Resolution suspending contractor in any bidding
process of the agency and forfeiture of bid security Each violation shall be meted the corresponding penalty.
Notify Contractor of Decision immediately from its promulgation
14
Effect of Decision
A contractor is suspended from participating in the bidding process of the agency upon receipt of the Notice of Decision
Suspension effective during period of MR and protest and terminated upon reversal
If no MR is filed, Decision shall become final and executory after the lapse of 7cd. HOPE to issue Blacklisting Order disqualifying the erring contractor from participating in the bidding of ALL government projects
15
File Motion for Reconsideration To be filed within 7cd from receipt Grounds:
1. Decision is not in conformity with evidence and/or facts presented; and
2. Newly discovered evidence or facts HOPE to decide within 15 cd from filing Furnish contractor of the Decision immediately after
promulgation
16
Protest from Decision File a Protest under Section 55.1 of the IRR with the
Appellate authority within 7 cd from receipt of the Resolution of MR
Finality of Decision Appellate Authority issues Blacklisting Order disqualifying
the erring contractor from participating in the bidding of all government projects.
17
For Infra does not actually have on the project site the minimum essential equipment listed in the Bid to prosecute the work
does not execute work in accordance with the contract
For Consultancyoutside force majeure – failure to deliver w/in specified
period force majeure – failure to deliver w/in 6o days from cessation of force majeure
20
2. Termination for ConveniencePE may terminate the contract at its convenience and
after determination that the existing condition makes the project implementation economically, financially or technically and/or unnecessary.3. Termination for Insolvency
The contractor is declared bankrupt/insolvent with finality
21
4. Termination for Unlawful ActsCorrupt, fraudulent, collusive and coercive practices;
forged documents, adulterated materials, and any analogous act.
5. Termination by Contractor or Consultant Failure of the PE to deliver supplies, ROW
Disruption due to peace and order situation as certified by AFP
22
BLACKLISTING
STATUS OF BLACKLISTED PERSON/ENTITY
Before issuance of order: erring contractor may participate in the procurement of any government project except in the agency where he is suspended.
Blacklisting Order is issued prior to the date of the notice of award: blacklisted person/entity shall not be qualified for award and such project/contract shall be awarded to another bidder. If the Blacklisting Order was issued after the award, awarded contract shall not be prejudiced provided the offense is not connected with the award.
24
Delisting -Removal of a person/entity from the Consolidated
Blacklisting Report -PE submits the Order to the GPPB within 7 cd for inclusion of
the blacklisted person/entity in the Consolidated Blaclklisting Report
25
Complaint is filed with or initiated by
the BAC
BAC notifies Contractor upon
verification of existence of grounds
Within 5 cd from receipt of notification
BAC conducts hearing
BAC determines existence of fault
YES
YES
NO
Within 15 c.d from receipt of the resolution and the
records of the BAC proceedings
HOPE resolves motion within 15 c.d. from receipt
and furnishes Contractor a copy
YES
Within 7 c.d. from receipt of Suspension Order
Submitted answer?
Requested hearing?
With fault?
BAC recommends to the HOPE the suspension of the Contractor and the forfeiture of bid security
Is there reasonable
cause?
HOPE issues Suspension Order
and furnishes Contractor a copy
START
Blacklisting agency submits copy of
Blacklisting Order to the GPPB
Within 7 c.d. from issuance of the Blacklisting Order
GPPB posts the Blacklisting Order in
the GPPB website for information purposes
NO
YES
Dismiss the case
NO
HOPE determines existence of
reasonable cause
Dismiss the case
NO
Filed motion for reconsideration?
YES NO
Within 7 c.d. from receipt of decision
Filed protest?
ENDHOPE issues
Blacklisting Order
END
GPPB delists blacklisted Contractor
After the penalty period have elapsed
Blacklisting agency requested to
maintain Contractor in
blacklist?
NO
GPPB maintains Contractor in blacklist until
the blacklisting agency issues Delisting Order
Appellate authority resolves protest
YES NO
Within 7 c.d. from receipt of protest
Granted protest?
Dismiss the case
YES
END
NO
YES
*The procedures in broken lines do not affect the effectivity of the Blacklisting Order
Guidelines on Blacklisting 26
27
THANK YOU!