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Conflict of Interest

Post by striker on Fri Nov 18, 2011 12:37 pm

Hi everyone, will the BAC and its Secretariat be liable should there be a Conflict of Interest between the HOPE and the bidder? Are there any disclosure of relationship required or mandated by the Procurement Law?

Lets say the situation is, the bidder (their business) is owned by the family of HOPE.

Many thanks po.
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Re: Conflict of Interest

Post by alpha1 on Fri Nov 18, 2011 2:49 pm

striker wrote:Hi everyone, will the BAC and its Secretariat be liable should there be a Conflict of Interest between the HOPE and the bidder? Are there any disclosure of relationship required or mandated by the Procurement Law?

Lets say the situation is, the bidder (their business) is owned by the family of HOPE.

Many thanks po.

Section 47 of the Revised IRR - RA 9184 Disclosure of Relationship

All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. Failure to comply with the aforementioned provision shall be ground for the automatic disqualification of the bid in consonance with Section 30 of this IRR.

Section 89 & Art 179 (RA 7160) Prohibited Business and Pecuniary Interest

It shall be unlawful for any local government official or employee, directly or indirectly, to:

a) Engage in any business transaction with the local government unit in which he is an official or an employee or over which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm;

The BAC and the Secretariat including the TWG will be liable if they recommend to award the contract to the said bidder.

Art 180 (IRR 7160) Penalty for Engaging in Prohibited Business Transactions or Possessing Illegal Pecuniary Interest.

Any local official and any person or persons dealing with him who violate the prohibitions provided under Art 179 of this rule, shall be punished with imprisonment of not less than six (6) months and one (1) day but not exceeding six (6) years, or a fine of not less than Three Thousand Pesos (P 3,000.00) but not more than Ten Thousand Pesos (P 10,000.00), or both such imprisonment or fine, at the discretion of the court.
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Re: Conflict of Interest

Post by sunriser431 on Fri Nov 18, 2011 11:17 pm

striker wrote:Hi everyone, will the BAC and its Secretariat be liable should there be a Conflict of Interest between the HOPE and the bidder? Are there any disclosure of relationship required or mandated by the Procurement Law?

Lets say the situation is, the bidder (their business) is owned by the family of HOPE.

Many thanks po.
Please be reminded, prospective bidders are required to submit the "Omnibus Sworn Statement", as part of the Bidding documents, and the BAC is responsible for the implementation of the rules and regulation of the procurement law, so failure to excercise due diligence could be costly for the BAC. bounce
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Re: Conflict of Interest

Post by striker on Sat Nov 19, 2011 1:13 am

many many thanks po sa inyong tulong po.
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