RE: Guidelines on Blacklisting

The GPPB has provided the guidelines on Blacklisting.
Excerpts from the Guidelines
4. SANCTIONS AND GROUNDS FOR BLACKLISTING
4.1 During the "Competitive Bidding Stage"
1. xxxx
4.2 During the "Contract Implementation Stage"
a). xxxx
My question. Is it possible for the HOPE to create an independent committee on Blacklisting (ex. during the "Contact Implementation stage")? If the violations committed during the "Competitive bidding stage" the BAC will initiate and commence the proceedings, however if the violations committed during "contract implementation stage" the "Committee on Blacklistings" will commence the proceedings. any comment from procurement practitioner are welcome.

sunriser431 wrote:The GPPB has provided the guidelines on Blacklisting.
Excerpts from the Guidelines
4. SANCTIONS AND GROUNDS FOR BLACKLISTING
4.1 During the "Competitive Bidding Stage"
1. xxxx
4.2 During the "Contract Implementation Stage"
a). xxxx
My question. Is it possible for the HOPE to create an independent committee on Blacklisting (ex. during the "Contact Implementation stage")? If the violations committed during the "Competitive bidding stage" the BAC will initiate and commence the proceedings, however if the violations committed during "contract implementation stage" the "Committee on Blacklistings" will commence the proceedings. any comment from procurement practitioner are welcome.

Good morning, sunriser.

My answer is a modified YES.

Let me explain. Under the Uniform Guidelines on Blacklisting (GPPB Res. 09-2004), grounds for blacklisting during contract implementation stage are contained therein, such as failure to mobilize or start work, failure of contractor to comply with his contractual obligations, etc. Due to this failure of the contractor and other violations of his contract, the first thing that the procuring entity should do is consider terminating the said contract.

The termination of contract is covered by another GPPB guidelines (Res. 018-2004). Under that guidelines, specifically on the procedures for termination of contracts (Item IV of that GPPB Res.), it says that the HOPE may create a committee (Contract Termination Review Committee) to assist him in the discharge of his functions under the said Guidelines. Furthermore, it provides that all decisions recommended by the CTRC shall be subject to the approval of the HOPE.

Under Item 6 (Procedure for Blacklisting during the Contract Implementation State) of the Uniform Guidelines for Blacklisting, it provides that "Upon termination of contract due to default of the contractor, the HOPE shall immediately issue a Blacklisting Order disqualifying the erring contractor from participating in the bidding of all government projects."

Hence, there is no longer a need to create a "blacklisting committee". The "Contract Termination Review Committee" could also recommend to blacklist the contractor aside from recommending the termination of the contract. The decision will now be up to the HOPE. In case of termination of contract due to default, the blacklisting order becomes a matter of course, after the contract is terminated for default.

Excerpts from the the PBDs 3rd edition
Section 1V GCC for Infra
Item 19 Procedures for Termination of Contracts
19.1.The following provisions shall govern the procedures for the termination of this Contract
(a) xxxx
(f)The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity.
Section 1V GCC for Goods
Item 27 Procedures for Termination of Contracts
27.1.The following provisions shall govern the procedures for termination of this Contract
(a) xxxx
(g)The Head of the Procuring Entity may create a Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. All decisions recommended by the CTRC shall be subject to the approval of the Head of the Procuring Entity.
Thanks Sir RDV, for the clarification, well taken. I will provide this valuable piece of information, so our HOPE will be properly guided.