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certification of non inclusion in the blacklist

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certification of non inclusion in the blacklist

Post by slayer on Wed Mar 18, 2009 3:08 pm

Hi to all.

I just want to clarify one thing, is there a need that the certification of non inclusion in the blacklist under eligibility documents must be notarized?

if not notarized during eligibility check he or she must be declared in eligible? correct me if im wrong people.

thanks and more power

slayer
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Re: certification of non inclusion in the blacklist

Post by engrjhez® on Wed Mar 18, 2009 7:10 pm

Section 23.6.1 of the IRR requires:
d) Statement of the prospective bidder that it is not “blacklisted” or barred from bidding by the Government or any of its agencies, offices, corporations or LGUs, including non-inclusion in the Consolidated Blacklisting Report issued by the GPPB, once released in accordance with the guidelines to be issued by the GPPB as provided in Section 69.4 of this IRR-A;

The term "statement" is no different from a simple declaration. It need not be notarized (in the same manner the "statement of bidder's ongoing and completed private and government projects" need not be notarized). Still, under Section 69.4 as elaborated by Annex "C", the blacklisting may be declared should there be a prima facie evidence of violation to any or all pertinent provisions of RA.9184.

Only when the law says "under oath" shall the notarial requisite is enforced. Very Happy
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Re: certification of non inclusion in the blacklist

Post by RDV @ GP3i on Thu Mar 19, 2009 1:19 pm

slayer wrote:Hi to all.

I just want to clarify one thing, is there a need that the certification of non inclusion in the blacklist under eligibility documents must be notarized?

if not notarized during eligibility check he or she must be declared in eligible? correct me if im wrong people.

thanks and more power

It may not be notarized, but it would be covered by another certification under oath required under Sec. 23.8 of IRR-A, which provides as follows:

"23.8. The prospective bidder or its duly authorized representative shall certify under
oath that each of the documents submitted
in satisfaction of the eligibility
requirements is an authentic and original copy, or a true and faithful
reproduction or copy of the original, complete, and that all statements and
information provided therein are true and correct.
"
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Re: certification of non inclusion in the blacklist

Post by shobe on Thu Mar 19, 2009 6:35 pm

To my mind, the certification need not be notarized.

Likewise, there's a "certificate of authenticity" provided under the forms (as elaborated in the post of Sir RDV). I think this may serve as a blanket notarization for some forms (assuming it is not clear whether there is really a need to have the same notarized).

PS
Affidavits and other legal documents which explicitly need to be notarized to make the same effective are excluded.

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Re: certification of non inclusion in the blacklist

Post by RDV @ GP3i on Tue Mar 24, 2009 2:22 pm

shobe wrote:
To my mind, the certification need not be notarized.

Likewise, there's a "certificate of authenticity" provided under the forms (as elaborated in the post of Sir RDV). I think this may serve as a blanket notarization for some forms (assuming it is not clear whether there is really a need to have the same notarized).

PS
Affidavits and other legal documents which explicitly need to be notarized to make the same effective are excluded.


Yes, it is called as "certificate of authenticity" which would serve as a "blanket notarization" of all forms and statements submitted.

Atty shobe, you are quite familiar with the law. Although you are a lawyer, but not all lawyers are as familiar with RA 9184 and IRR-A. Are you formerly from GPPB-TSO? Because, if you are, then I may know you. Very Happy
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Re: certification of non inclusion in the blacklist

Post by venom.0420 on Tue Mar 24, 2009 3:33 pm

engrjhez wrote:
RDV wrote:
Atty shobe, you are quite familiar with the law. Although you are a lawyer, but not all lawyers are as familiar with RA 9184 and IRR-A. Are you formerly from GPPB-TSO? Because, if you are, then I may know you. Very Happy
I feel there's a need to reunite with you guys/gals! Why not set a date for this? Summer is inviting... Very Happy

Hahaha..just what I was thinking! Laughing
Nwei, point of clarification lang mga sirs at mga ma'm, I checked the pro-forma bid docs provided by GPPB, there are documents that doesn't have space for notarization while some do, is it safe to assume that only those with space for notarization are required to be notarized? Question
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