BAC disqualifying bidder for losing a labor case before SC

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BAC disqualifying bidder for losing a labor case before SC

Post by advocacy on Wed Mar 21, 2012 1:01 pm

Can the Bids and Awards Committee disqualify a bidder for losing a labor case before the Supreme Court?

The grounds for the disqualification by the BAC is Section 3 of Circular No. 01-2008 of the Government Procurement Policy Board (GPPB) dated March 7, 2008, which states that:

"Has been finally adjudged by a court of competent jurisdiction to have violated any labor law or social legislation.

Non-compliance with any one of the above shall be a ground to declare the bidder as ‘post-disqualified.’”

Thus, if during post-qualification, the BAC discovers that a prospective bidder lost a case before the SC, can they disqualify the bidder and consequently prevent the bidder from joining future procurements activities in the future?

Does this apply even if the case was lost before 2008, the date that the GPPB Circular came into effect?

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Re: BAC disqualifying bidder for losing a labor case before SC

Post by Jovinal on Wed Mar 21, 2012 7:40 pm

Yes.
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Date of effectivity

Post by advocacy on Thu Mar 22, 2012 11:57 am

Thank you. Does this apply even if the case occurred before 2008 (when the circular was promulgated by the GPPB)?

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Re: BAC disqualifying bidder for losing a labor case before SC

Post by Jovinal on Thu Mar 22, 2012 10:54 pm

Yes.
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Re: BAC disqualifying bidder for losing a labor case before SC

Post by sunriser431 on Sat Mar 24, 2012 12:08 pm

advocacy wrote:Can the Bids and Awards Committee disqualify a bidder for losing a labor case before the Supreme Court?

The grounds for the disqualification by the BAC is Section 3 of Circular No. 01-2008 of the Government Procurement Policy Board (GPPB) dated March 7, 2008, which states that:

"Has been finally adjudged by a court of competent jurisdiction to have violated any labor law or social legislation.

Non-compliance with any one of the above shall be a ground to declare the bidder as ‘post-disqualified.’”

Thus, if during post-qualification, the BAC discovers that a prospective bidder lost a case before the SC, can they disqualify the bidder and consequently prevent the bidder from joining future procurements activities in the future?

Does this apply even if the case was lost before 2008, the date that the GPPB Circular came into effect?
Follow up question, so does it mean the bidder will be ban for life? no prescriptive period? Shocked
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Re: BAC disqualifying bidder for losing a labor case before SC

Post by advocacy on Sat Mar 24, 2012 1:18 pm

The bidder should not be banned forever. I think there should be limit. Even blacklisting has a prescriptive period!

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Re: BAC disqualifying bidder for losing a labor case before SC

Post by sunriser431 on Tue Mar 27, 2012 8:54 pm

advocacy wrote:The bidder should not be banned forever. I think there should be limit. Even blacklisting has a prescriptive period!
So is it safe to assume prescriptive period of one year from the issuance of final judgement by court.? bounce
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Re: BAC disqualifying bidder for losing a labor case before SC

Post by jcolas on Wed Mar 28, 2012 8:28 am

"advocacy wrote"
Can the Bids and Awards Committee disqualify a bidder for losing a labor case before the Supreme Court?

The grounds for the disqualification by the BAC is Section 3 of Circular No. 01-2008 of the Government Procurement Policy Board (GPPB) dated March 7, 2008, which states that:

"Has been finally adjudged by a court of competent jurisdiction to have violated any labor law or social legislation.

Non-compliance with any one of the above shall be a ground to declare the bidder as ‘post-disqualified.’”

Thus, if during post-qualification, the BAC discovers that a prospective bidder lost a case before the SC, can they disqualify the bidder and consequently prevent the bidder from joining future procurements activities in the future?

Does this apply even if the case was lost before 2008, the date that the GPPB Circular came into effect?

Let us put the issue and its proper perspective. If the BAC during post-qualification learned of the firm losing a Social Legislation case before the Supreme Court, then it is just right that the BAC post-disqualifies that firm citing GPPB Circulat 01-2008 as its basis. I would just like to remind Sir advocacy that the firm is just simply post-disqualified for that specific procurement activity. Please take note that their are only two grounds for balcklisting and it is done during the Competitive Bidding Stage and the Contract Implementation Stage. So the question on how many years shall the firm be banned in joining future bidding activity is grossly irresponsible, absurd and out of the question.
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Re: BAC disqualifying bidder for losing a labor case before SC

Post by sunriser431 on Wed Mar 28, 2012 10:00 pm

jcolas wrote: e] I would just like to remind Sir advocacy that the firm is just simply post-disqualified for that specific procurement activity. xxxxxx So the question on how many years shall the firm be banned in joining future bidding activity is grossly irresponsible, absurd and out of the question.

subscribing. cheers
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