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RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

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RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by sunriser431 on Mon Feb 22, 2010 10:20 pm

The GPPB issued uniform guidelines on Blacklisting, My question, will these guidelines also includes the procurement for AMP? (since AMP does not involved elavorate bidding process, not unlike the CPB ) bounce
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by charlie brown on Tue Feb 23, 2010 5:52 pm

sunriser431 wrote:The GPPB issued uniform guidelines on Blacklisting, My question, will these guidelines also includes the procurement for AMP? (since AMP does not involved elavorate bidding process, not unlike the CPB ) bounce

my reading of section 69.4 of the IRR as well as the scope of the Uniform Guideline would seem to indicate that it is only applicable to CPB. However, logic would dictate that even procurements under the alternative methods would deserve some kind of a deterrent similar 09-2004. Perhaps gppb can clarify
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by Niwram on Wed Feb 24, 2010 11:35 am

I Agree that even section 69.4 and the uniform guidelines seems to indicate that it is only applicable to CPB, still it can be apply to AMP, because the main concern of Suspension or Blacklisting is to prohibit such act that are not within the procurement process which tend to delay such procurement.. (opinion lng po)..
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by RDV @ GP3i on Wed Feb 24, 2010 11:52 am

sunriser431 wrote:The GPPB issued uniform guidelines on Blacklisting, My question, will these guidelines also includes the procurement for AMP? (since AMP does not involved elavorate bidding process, not unlike the CPB ) bounce

Those alternative methods of procurement (AMPs), where the requirements and/or the procedures also involve competitive bidding, such as Limited Source Bidding and some forms of Negotiated Procurement (such as due to 2 failed biddings - Sec. 53.1), the guidelines on blacklisting would definitely apply.

Some of the grounds for blacklisting during competitive bidding stage include submission of eligibility requirements containing false information or falsified documents, and refusal or failure to post the required performance security. Those grounds could also be applicable for AMP. If those grounds happen even in the AMP, then, that could be basis for blacklisting already.

The grounds for blacklisting could also be during contract implementation stage. So, if the grounds happen during the contract implementation of a project procured thru AMP, then the blacklisting guidelines could be applied.
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by amang'65 on Wed Feb 24, 2010 11:59 am

is it outright blacklisting or do we need to observe due process?
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by Guest on Wed Feb 24, 2010 11:59 am

The Guidelines provides that these guidelines shall govern the blacklisting of manufacturers, suppliers, distributors, contractors and consultants (“contractors” for brevity) involved in government procurement for offenses or violations committed during competitive bidding and contract implementation,

I`m on the opinion that incase of AMP it will only govern on the stage of contract implementation and not during the pendency of the procedure.

In short yes the guidelines can be used for both CPB and AMP.

The procedure of the guidelines should also be followed. (the purpose is to give the bidder due process)

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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by amang'65 on Wed Feb 24, 2010 12:03 pm

sorry i havent read the blacklisting guidelines yet, short cut kasi dito sa forum, heh.he.
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by RDV @ GP3i on Wed Feb 24, 2010 12:07 pm

Pritong Kandule wrote:The Guidelines provides that these guidelines shall govern the blacklisting of manufacturers, suppliers, distributors, contractors and consultants (“contractors” for brevity) involved in government procurement for offenses or violations committed during competitive bidding and contract implementation,

I`m on the opinion that incase of AMP it will only govern on the stage of contract implementation and not during the pendency of the procedure.

In short yes the guidelines can be used for both CPB and AMP.

The procedure of the guidelines should also be followed. (the purpose is to give the bidder due process)

I hold that in some forms of AMP, which I mentioned earlier as involving some form of "competition" and also involved the submission of eligibility requirements and posting of performance security prior to award of contract, would also be covered by the guidelines.
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

Post by sunriser431 on Thu Feb 25, 2010 4:10 pm

sunriser431 wrote:
RDV wrote:
sunriser431 wrote:The GPPB issued uniform guidelines on Blacklisting, My question, will these guidelines also includes the procurement for AMP? (since AMP does not involved elavorate bidding process, not unlike the CPB ) bounce

Those alternative methods of procurement (AMPs), where the requirements and/or the procedures also involve competitive bidding, such as Limited Source Bidding and some forms of Negotiated Procurement (such as due to 2 failed biddings - Sec. 53.1), the guidelines on blacklisting would definitely apply.

Some of the grounds for blacklisting during competitive bidding stage include submission of eligibility requirements containing false information or falsified documents, and refusal or failure to post the required performance security. Those grounds could also be applicable for AMP. If those grounds happen even in the AMP, then, that could be basis for blacklisting already.

The grounds for blacklisting could also be during contract implementation stage. So, if the grounds happen during the contract implementation of a project procured thru AMP, then the blacklisting guidelines could be applied.
Thanks Sir RDV and the rest of you guys. Well taken. bounce
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Re: RE: Blacklisting of Manufacturers, suppliers, distributors, Contractors and Consultants

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