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If MR is DENIED,
Filing of Request for
BAC Resolution decision of the BAC
Reconsideration
(3) calendar days upon
may be protested in
Within seven (7) calendar writing (Verified
receipt of written notice or
days from receipt of MR Position Paper) to the
upon verbal notification
HOPE
Provided:
1. That a prior request for
reconsideration should have
been filed by the party
concerned in accordance with
the preceding Section, and
2. Request for reconsideration has
been resolved.
2
REQUISITES FOR THE FILING OF A
VALID PROTEST
1. Must be in writing (Verified Position Paper);
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VERIFIED POSITION PAPER
5
VERIFIED POSITION PAPER
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VERIFIED POSITION PAPER
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RESOLUTION OF PROTESTS
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PROTEST FEES
GPPB Resolution 05-2012
ABC RANGE PROTEST FEE
50 million pesos and below 0.75% of the ABC
More than 50 million pesos to PhP 500,000.00
100 million pesos
More than 100 million pesos to 0.5% of the ABC
500 million pesos
More than 500 million pesos to 1 PhP 2,500,000.00
billion pesos
More than 1 billion pesos to 2 0.25% of the ABC
billion pesos
More than 2 billion pesos to 5 PhP 5,000,000.00
billion pesos
More than 5 billion pesos 0.1% of the ABC
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STANDARD OF ETHICS
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PENAL PROVISIONS
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COVERAGE
COVERAGE:
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COVERAGE
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COVERAGE
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APPLICABLE PENALTY
Imprisonment for not less than six (6) years and one (1)
day but not more than fifteen (15) years.
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JURISDICTION
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OFFENSES COMMITTED BY
PUBLIC OFFICERS
Section 65(a) of RA 9184
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OFFENSES COMMITTED BY
PUBLIC OFFICERS
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OFFENSES COMMITTED BY
PUBLIC OFFICERS
3. Unduly influencing or exerting undue pressure on
any member of the BAC or any officer or employee of
the procuring entity to take a particular action which
favors, or tend to favor a particular bidder.
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OFFENSES COMMITTED BY PRIVATE
INDIVIDUALS
Section 65(b) of RA 9184
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OFFENSES COMMITTED BY PRIVATE
INDIVIDUALS
1. When two or more bidders agree and submit different
bids as if they were bona fide, when they know that one
or more of them was so much higher than the other
that it could not be honestly accepted and that the
contract will surely be awarded to the pre-arranged
lowest bid.
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OFFENSES COMMITTED BY PRIVATE
INDIVIDUALS
Section 65(c) of RA 9184
1. Submission of eligibility requirements containing false
information of falsified documents or concealment of
such information
2. Submission of bidding documents containing false
information of falsified documents or concealment of
such information
3. Using name of another or allowing another to use
one’s name
4. Withdrawal of bid
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CIVIL LIABILITY
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CIVIL LIABILITY
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ADMINISTRATIVE
SANCTIONS
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ADMINISTRATIVE SANCTIONS
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ADMINISTRATIVE SANCTIONS
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BLACKLISTING AND SUSPENSION
BLACKLISTING
An administrative penalty disqualifying a person or an
entity from participating in any government
procurement for a given period.
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.
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SANCTIONS
I. FIRST OFFENSE:
Suspension for one (1) year
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COMPETITIVE
BIDDING STAGE
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GROUNDS FOR BLACKLISTING
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GROUNDS FOR BLACKLISTING
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GROUNDS FOR BLACKLISTING
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PROCEDURE FOR BLACKLISTING
Contractor shall
Initiation of BAC notifies submit its written
Action Contractor in answer to BAC
writing upon with documentary
verification of evidence and
existence of request for
grounds hearing, if he so
Who may initiate? desires, within 5
• Any bidder/prospective cd from receipt of
bidder • That a complaint has notification
• Duly authorized observer been filed
• BAC • That he has opportunity
to show cause NO TIME
• That a hearing shall be EXTENSION
conducted, upon SHALL BE
request ALLOWED
• The consequence of
being blacklisted
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PROCEDURE FOR BLACKLISTING
C DISMISS
O THE
BAC Within 15 cd NO
N CASE
Does recommends to from receipt of
T BAC resolution
R NOT the HOPE the
suspension of and records of
A Submit BAC Proceeding,
answer the Contractor
C and the HOPE
T forfeiture of bid determines
O security. existence of YES HOPE
R reasonable issues a
cause Suspension
Order and
forfeiture
Within 5 cd from of bid
receipt of security
notification from
BAC
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PROCEDURE FOR BLACKLISTING
BAC immediately
IF CONTRACTOR SUBMITS ANSWER sets the date and
time for hearing
EFFECT OF DECISION:
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PROCEDURE FOR BLACKLISTING
IF CONTRACTOR FILES MOTION FOR
C
RECONSIDERATION NO HOPE issues
O Blacklisting Order
HOPE
N resolves
T Files MR motion YES
Protest Appellate
R within 7 cd Authority
A from receipt resolves
C protest
T Within 3 cd from
within 7cd
O Filed with the
receipt of notice of
R appellate authority
decision, base on
within 7 cd from
the ff:
receipt of notice If protest is NOT
1. Decision does
not conform granted, HOPE
with the issues Blacklisting
evidence/facts Order.
2. Newly
discovered
evidence 57
PROCEDURE FOR BLACKLISTING
C
O
N Does HOPE issues Agency GPPB posts
T NOT file Blacklisting submits copy the
R MR Order of Blacklisting
A Blacklisting Order in the
C Order to GPPB
T GPPB within Website
O 7 cd after its
R issuance
Within 3 cd from
receipt of notice of
decision,
2. If the bidder did not file a Protest after his MR has been
denied, the Decision becomes final and executory after the
lapse of 7 days counted from receipt of the resolution on the
motion for reconsideration; or,
3. If a Protest was filed and the same was denied, the Decision
becomes final and executory upon receipt by the agency and
person/entity concerned of the Decision on the protest.
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CONTRACT IMPLEMENTATION
STAGE
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GROUNDS FOR BLACKLISTING
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GROUNDS FOR BLACKLISTING
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GROUNDS FOR BLACKLISTING
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GROUNDS FOR BLACKLISTING
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PROCEDURE FOR BLACKLISTING
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BLACKLISTING UNDER ALTERNATIVE
METHODS OF PROCUREMENT
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DELISTING
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(Annex “I” of 2016 IRR of RA 9184)
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GROUNDS FOR TERMINATION
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TERMINATION FOR DEFAULT
The PE shall terminate a contract when any of the following
conditions attend its implementation:
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TERMINATION FOR DEFAULT
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TERMINATION FOR DEFAULT
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TERMINATION FOR INSOLVENCY
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TERMINATION FOR UNLAWFUL ACTS
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TERMINATION FOR UNLAWFUL ACTS
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TERMINATION BY
CONTRACTOR/CONSULTANT
1. In contracts for Infrastructure Projects
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PROCEDURES FOR TERMINATION OF
CONTRACTS
1. Verification
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PROCEDURES FOR TERMINATION OF
CONTRACTS
2. Notice to Terminate
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PROCEDURES FOR TERMINATION OF
CONTRACTS
3. Show Cause
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PROCEDURES FOR TERMINATION OF
CONTRACTS
4. Decision
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PROCEDURES FOR TERMINATION OF
CONTRACTS
4. Decision
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PROCEDURES FOR TERMINATION OF
CONTRACTS
5. Take-over of Contracts
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PROCEDURES FOR TERMINATION OF
CONTRACTS
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PROCEDURES FOR TERMINATION OF
CONTRACTS
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PROCEDURES FOR TERMINATION OF
CONTRACTS
6. PE’s options in Termination for Convenience
Applies only to contract for Goods
Goods shall be accepted if performed or are ready for
delivery within 30 cd after receipt of Supplier’s Notice to
Terminate at the contract terms and prices.
Goods not yet performed or ready for delivery, PE may
elect:
i. to have any portion delivered or performed and paid at
the contract terms and prices; and/or
ii. to cancel the remaining and pay to the Supplier an
agreed amount for partially completed or performed
goods and for materials and parts previously procured
by the Supplier
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PROCEDURES FOR TERMINATION OF
CONTRACTS
7. Notice by Contractor/Consultant
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THANK YOU!!
Contact us at:
TeleFax: (632)900-6741 to 44
Email Address: gppb@gppb.gov.ph
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