Status of award for contractor who won in an elective positions

View previous topic View next topic Go down

Status of award for contractor who won in an elective positions

Post by mae on Fri Sep 24, 2010 5:09 pm

Greetings:

Sir/Madam:

This is to inquire if a project can still be awarded to a contractor who was elected Mun. Mayor is the recently concluded National & Local Election.

It is informed that before he won the elections we positive he was a regular licensed contractor and have participated in the bidding prior to his election and was determined Lowest Responsive Bidder. However due to election Ban the award was held in abeyance.

T H A N K Y O U .
avatar
mae
New Member
New Member

Female Number of posts : 6
Company/Agency : dpwh
Occupation/Designation : Clerk
Registration date : 2010-09-14

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by RDV @ GP3i on Sat Sep 25, 2010 8:43 pm

mae wrote:Greetings:

Sir/Madam:

This is to inquire if a project can still be awarded to a contractor who was elected Mun. Mayor is the recently concluded National & Local Election.

It is informed that before he won the elections we positive he was a regular licensed contractor and have participated in the bidding prior to his election and was determined Lowest Responsive Bidder. However due to election Ban the award was held in abeyance.

T H A N K Y O U .

Mae, can you please clarify if my understanding of the situation, as indicated below, is correct:

1) The procuring entity is the DPWH or its Engineering District;
2) The project is located in the municipality where the contractor has been elected as a mayor; and
3) Up to now, no award has yet been made.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by mae on Mon Sep 27, 2010 12:30 pm

Good morning! In reference to my query with regards to a contractor who was elected Mayor, hereunder is additional info;

The procuring entity is the Engineering District;
Project is not located in the municipality where he is elected
No award has yet been made as we are waiting for the reply of my query

Please enlighten, thank you
avatar
mae
New Member
New Member

Female Number of posts : 6
Company/Agency : dpwh
Occupation/Designation : Clerk
Registration date : 2010-09-14

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by RDV @ GP3i on Mon Sep 27, 2010 2:07 pm

mae wrote:Good morning! In reference to my query with regards to a contractor who was elected Mayor, hereunder is additional info;

The procuring entity is the Engineering District;
Project is not located in the municipality where he is elected
No award has yet been made as we are waiting for the reply of my query

Please enlighten, thank you

Well, I don't see any conflict of interest on the part of the contractor who has been elected mayor if the project is not located in the municipality where he was elected.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by mae on Mon Sep 27, 2010 2:41 pm

Thank you for the enlightenment may I further inquire if the elected mayor can still be a contractor as long as it is not in his municipality.
avatar
mae
New Member
New Member

Female Number of posts : 6
Company/Agency : dpwh
Occupation/Designation : Clerk
Registration date : 2010-09-14

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by jcolas on Mon Sep 27, 2010 7:07 pm

may I further inquire if the elected mayor can still be a contractor as long as it is not in his municipality.

For me, it is definitely no. Under Section 7.b(2) of RA 6713, a public official shall not engage in the private practice of his/her profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions. But may we ask the opinions of other posters?
avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by RDV @ GP3i on Mon Sep 27, 2010 10:33 pm

mae wrote:Thank you for the enlightenment may I further inquire if the elected mayor can still be a contractor as long as it is not in his municipality.

Yes. I don't even consider being a contractor as engagement in profession. Constructing, I suppose, is a business and not a profession.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by jcolas on Tue Sep 28, 2010 7:40 am

"Sir RDV wrote:
Constructing, I suppose, is a business and not a profession

For discussion purposes, the issue then that has to be resolve first is: Is constructing a profession or a business concern? If you look at the bio data of contractors, they usually answer the questions on profession as Licensed Contractor. What do you think?

avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by RDV @ GP3i on Tue Sep 28, 2010 6:22 pm

jcolas wrote:"Sir RDV wrote:
Constructing, I suppose, is a business and not a profession

For discussion purposes, the issue then that has to be resolve first is: Is constructing a profession or a business concern? If you look at the bio data of contractors, they usually answer the questions on profession as Licensed Contractor. What do you think?


Dapat siguro nilagay nila ay Licensed Civil Engineer. Kasi, ang nagbibigay sa contractors ng lisensiya ay PCAB at hindi naman ang Professional Regulations Commission (PRC). Kaya lang ang katotohanan ay marami naman talagang contractor na hindi licensed engineer. Kaya siguro ang nilalagay na lang nila ay licensed contractor. Yan ay sa aking pakiwari lang naman. Everybody is entitled to his own opinion.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by jcolas on Tue Sep 28, 2010 7:19 pm


The issue that we are trying to resolve is; Can a mayor, who before his election as Mayor is a Licensed Contractor, be a contractor as long as it is not in the muncipality where he was elected? I answered in the negative citing Section 7 of RA 6713 which states that public Officials and employees shall not be allowed to practice their profession while they are in office. Sir RDV answered affirmatively as Construction is not a profession so it can not be covered by Section 7 of RA 6713. This boils down to the question whether Licensed Contractor is a profession or not. May we solicit from other posters, please?
avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by sunriser431 on Tue Sep 28, 2010 8:50 pm

RDV @ GP3i wrote:Yes. I don't even consider being a contractor as engagement in profession. Constructing, I suppose, is a business and not a profession.
Let us try this LINK for others to comment. bounce Peace
excerpt from the link

Section 23. Issuance of licenses. Upon the payment of the corresponding fee and the filing of the application, and after examination and investigation as may be required, the Board within fifteen days after the approval of the application shall issue a license to the applicant permitting him to engage in business as a contractor under the terms of this Act for the remaining part of the fiscal year.

avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Status of award for contractor who won in an elective positions

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum