Elected Officials or Government Employee participation in public bidding

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Elected Officials or Government Employee participation in public bidding

Post by *depedne on Wed Feb 22, 2012 3:14 pm


Are elected officials and government employee allowed to participate in public bidding or in any mode of procurement?
If they are not, do the BAC can impose outright disqualification.

*depedne
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Re: Elected Officials or Government Employee participation in public bidding

Post by sunriser431 on Wed Feb 22, 2012 3:35 pm

*depedne wrote:
Are elected officials and government employee allowed to participate in public bidding or in any mode of procurement?
If they are not, do the BAC can impose outright disqualification.
Opinion of the GBBP. Follow the LINK , Hope it might be of help. bounce
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Re: Elected Officials or Government Employee participation in public bidding

Post by alpha1 on Fri Feb 24, 2012 1:15 pm

Depedne
Kindly elaborate further what do you mean by "participate". if they are the end-user then they are allowed to sit as one of the member of the BAC.
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Re: Elected Officials or Government Employee participation in public bidding

Post by sunriser431 on Sat Feb 25, 2012 11:33 pm

alpha1 wrote:Depedne
Kindly elaborate further what do you mean by "participate". if they are the end-user then they are allowed to sit as one of the member of the BAC.
*depedne wrote:
Are elected officials and government employee allowed to participate in public bidding or in any mode of procurement?
If they are not, do the BAC can impose outright disqualification.
my assumption, could be as a bidder. bounce
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Re: Elected Officials or Government Employee participation in public bidding

Post by engrjhez® on Sun Feb 26, 2012 10:46 am

*depedne wrote:
Are elected officials and government employee allowed to participate in public bidding or in any mode of procurement?
If they are not, do the BAC can impose outright disqualification.

In as far as RA 9184 is concerned, only conflict of interest involving relationship up to third civil degree of consanguinity and affinity are categorically prohibited from participating, in this case outright disqualification. This means they may be allowed to participate.

However, there are other laws that might cover such practice such as RAs 3019 and 6713 where it is violative in nature. In my opinion, the BAC can proceed with such participation but seek appropriate legal action immediately. There should be no delaying of the procurement process though.

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Re: Elected Officials or Government Employee participation in public bidding

Post by sunriser431 on Mon Feb 27, 2012 2:25 pm

engrjhez® wrote:
*depedne wrote:
Are elected officials and government employee allowed to participate in public bidding or in any mode of procurement?
If they are not, do the BAC can impose outright disqualification.

In as far as RA 9184 is concerned, only " conflict of interest " involving relationship up to third civil degree of consanguinity and affinity are categorically prohibited from participating, in this case outright disqualification. This means they may be allowed to participate.

However, there are other laws that might cover such practice such as RAs 3019 and 6713 where it is violative in nature. In my opinion, the BAC can proceed with such participation but seek appropriate legal action immediately. There should be no delaying of the procurement process though.

Smile
It is now for the BAC to determine the involvement of those " officials and government employees " in this particular situation. could be xxx " conflict of interest " xxx, xxx violation of certain provision of RA#3019, RA#6713 xxx bounce
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