Blacklisted company still joining Public Biddings

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Blacklisted company still joining Public Biddings

Post by jsoriano2 on Wed Oct 10, 2012 5:25 pm

I have some concerns on companies that are blacklisted, yet they still join public biddings.

1. Will they be penalized more if the still join?
2. Will they be outright disqualified from the tender?

Furthermore, I need your insights on this other matter.

"A subsidiary of a main/mother company is being deliberated for blacklisting by a government agency. They faked the Certificate of Distributorship (which the admitted) from a foreign manufacturer. Now they are still joining public bidding's to other government agencies. My concern,

1. Are they still allowed to join public bidding to other government institutions?
2. If an agency found out that one of the bidders is being deliberated for blacklisted and found out, guilty for faking a document for bidding requirement, what should be the course of action taken?
3. If the subsidiary company is blacklisted, does it apply to the MAIN/MOTHER COMPANY? Can the main/mother company still join public tenders?

Thanks,

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Re: Blacklisted company still joining Public Biddings

Post by engrjhez® on Wed Oct 10, 2012 5:59 pm

jsoriano2 wrote:I have some concerns on companies that are blacklisted, yet they still join public biddings.

1. Will they be penalized more if the still join?
2. Will they be outright disqualified from the tender?
1. If the bidder will accomplish properly the Omnibus Sworn Statement, they may be penalized for perjury or false statement under oath saying they are "not blacklisted".

2. A 'blacklisted bidder' is disqualified from joining any other procurement activity of any government agency or instrumentality within the penalty period in the 'Blacklisting Order'.

jsoriano2 wrote:Furthermore, I need your insights on this other matter.

"A subsidiary of a main/mother company is being deliberated for blacklisting by a government agency. They faked the Certificate of Distributorship (which the admitted) from a foreign manufacturer. Now they are still joining public bidding's to other government agencies. My concern,

1. Are they still allowed to join public bidding to other government institutions?
2. If an agency found out that one of the bidders is being deliberated for blacklisted and found out, guilty for faking a document for bidding requirement, what should be the course of action taken?
3. If the subsidiary company is blacklisted, does it apply to the MAIN/MOTHER COMPANY? Can the main/mother company still join public tenders?

Thanks,
1. It depends on their articles of incorporation as to the extent of eligibility or liability.

2. If a bidder falsified a document, blacklisting proceedings may be initiated. After due process and the bidder is found guilty, a Blacklisting Order shall be issued signed by the HOPE. A copy shall be forwarded to the GPPB followed by posting of Blacklisted Supplier in the PhilGEPS. The bid security shall be forfeited in favor of the agency.

3. Answer depends in No.1 immediately preceding above.

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Re: Blacklisted company still joining Public Biddings

Post by jsoriano2 on Thu Oct 11, 2012 10:23 am

Sir Engrjhez,

Thanks for the time and comments.

Just a follow-up regarding " 2. If an agency found out that one of the bidders is being deliberated for blacklisted and found out, guilty for faking a document for bidding requirement, what should be the course of action taken?"

What should the be the course of action that will be taken by an agency, if they found out that one of the interested bidder and/or bidder is being deliberated for blacklisting by another government agency? Should they investigate, should they confirm it to the gov't agency, will they need to notify the company that they know? Will the company (being deliberated) still be allowed to join a public tender to that agency?

Thanks again sir.

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Re: Blacklisted company still joining Public Biddings

Post by elib on Thu Oct 11, 2012 10:41 am

hi jsoriano2,

in my opinion,the bidder being deliberated for blacklisting and no final determination that the former have intentionally misrepresented of falsificated thier docs, still have the right to join and show thier intention to join any bid. If in any case they have been prohibited to join prior to issuance of blacklisting order, that prohibiting agencies action can be contested and could open some risks unto them.

cheers.....
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Re: Blacklisted company still joining Public Biddings

Post by regina avelino on Fri Oct 12, 2012 10:07 am

agree with you sir elib. innocence is assumed until proven guilty.....

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