Re:Blacklisted supplier with six months contract

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Re:Blacklisted supplier with six months contract

Post by sunriser431 on Tue Aug 31, 2010 2:57 pm

For purpose of discussion.
Suppose a signed contract and PO was issued to the winning bidder for the supply and delivery of various construction materials for a period of 6 months with delivery terms on monthly basis. However during the implementation of contract, these particular bidder was blacklisted in another government agency. The question now, can the PE rescind the contract/PO for remaider balance of the contract.? any inputs will be appreciated. bounce
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Re: Re:Blacklisted supplier with six months contract

Post by RDV @ GP3i on Tue Aug 31, 2010 5:59 pm

sunriser431 wrote:For purpose of discussion.
Suppose a signed contract and PO was issued to the winning bidder for the supply and delivery of various construction materials for a period of 6 months with delivery terms on monthly basis. However during the implementation of contract, these particular bidder was blacklisted in another government agency. The question now, can the PE rescind the contract/PO for remaider balance of the contract.? any inputs will be appreciated. bounce

Item 7 (Status of Blacklisted Person/Entity) of the Uniform Guidelines on Blacklisting contains the following proviso:

"If the Blacklisting Order is issued after award of a government project/contract to the blacklisted person/entity, the awarded project/contract shall not be prejudiced by the said order: Provided, however, that the said offense(s) committed by the blacklisted person/entity is/are not connected with the awarded project/contract."
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Re: Re:Blacklisted supplier with six months contract

Post by sunriser431 on Tue Aug 31, 2010 8:12 pm

Thanks Sir RDV, for the reply
update
excerpt from the Blacklistings guidelines
4.2 Contract Implementation Stage
a) xxxx
d) For the procurement of goods, unsatisfactory progress in the delivery of the goods by the manufacturer, supplier or distributor arising from his fault or negligence and/or unsatisfactory or inferior quality of goods, as may be
provided in the contract. xxxx

The cause of the Blacklisting and suspension order is in violation of section 4.2(d) of the said guidelines (contract implementaion stage).The non delivery of the construction materials needed for the project activities. Since the contractor involved is a manufacturer, and the products they produce is proprietary in nature.The PE to date have various pending projects needed to be accomplished by the year end. Suppose the PE needed to make a "Repeat order" for those items, considering all other aspects, can it be done/is it allowed? Hopefully others can share their opinon.
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Re: Re:Blacklisted supplier with six months contract

Post by RDV @ GP3i on Sat Sep 04, 2010 9:52 am

sunriser431 wrote:Thanks Sir RDV, for the reply
update
excerpt from the Blacklistings guidelines
4.2 Contract Implementation Stage
a) xxxx
d) For the procurement of goods, unsatisfactory progress in the delivery of the goods by the manufacturer, supplier or distributor arising from his fault or negligence and/or unsatisfactory or inferior quality of goods, as may be
provided in the contract. xxxx

The cause of the Blacklisting and suspension order is in violation of section 4.2(d) of the said guidelines (contract implementaion stage).The non delivery of the construction materials needed for the project activities.
If the reason for the blacklisting by another government agency is failure by contractor to deliver construction materials then it is not connected to your project, which is what is being referred to in Item 7 of the Uniform Guidelines.

sunriser431 wrote:Since the contractor involved is a manufacturer, and the products they produce is proprietary in nature.The PE to date have various pending projects needed to be accomplished by the year end.
On the other hand, if the product is of proprietary nature and the nature of blacklisting is due to delivery of inferior materials, then you could say that your project maybe connected which could be the basis for termination of contract. But if the reason for blacklisting is only delayed delivery, but there is no delayed delivery to your agency, you have no reason to blacklist or terminate the contract.

sunriser431 wrote:Suppose the PE needed to make a "Repeat order" for those items, considering all other aspects, can it be done/is it allowed? Hopefully others can share their opinon.
You will only make a Repeat Order if you are satisfied with the items you have procured, aside from the other conditions for Repeat Order. If it is proprietary nature, Direct Contracting may also be resorted to.

(Sorry, sunriser, there was nobody else, it seems, who wanted to share their opinion, so I still give mine.)
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Re: Re:Blacklisted supplier with six months contract

Post by sunriser431 on Mon Sep 06, 2010 5:46 pm

RDV @ GP3i wrote:
sunriser431 wrote: Suppose the PE needed to make a "Repeat order" for those items, considering all other aspects, can it be done/is it allowed? Hopefully others can share their opinon.
You will only make a Repeat Order if you are satisfied with the items you have procured, aside from the other conditions for Repeat Order. If it is proprietary nature, Direct Contracting may also be resorted to.
(Sorry, sunriser, there was nobody else, it seems, who wanted to share their opinion, so I still give mine.)
I have another clarification Sir RDV. Will this not violate the very essence of the Blacklisting guidelines? If we do resort to "repeat order" with a Blacklisted manufacturer/supplier. sorry for being makulit. Embarassed
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Re: Re:Blacklisted supplier with six months contract

Post by RDV @ GP3i on Mon Sep 06, 2010 6:12 pm

sunriser431 wrote:
RDV @ GP3i wrote:
sunriser431 wrote: Suppose the PE needed to make a "Repeat order" for those items, considering all other aspects, can it be done/is it allowed? Hopefully others can share their opinon.
You will only make a Repeat Order if you are satisfied with the items you have procured, aside from the other conditions for Repeat Order. If it is proprietary nature, Direct Contracting may also be resorted to.
(Sorry, sunriser, there was nobody else, it seems, who wanted to share their opinion, so I still give mine.)
I have another clarification Sir RDV. Will this not violate the very essence of the Blacklisting guidelines? If we do resort to "repeat order" with a Blacklisted manufacturer/supplier. sorry for being makulit. Embarassed
Of course kung alam mo na blacklisted na siya bago ka mag Repeat Order, bakit ka pa mag Repeat Order sa kanya, d ba? What is not affected only is/are contract/s awarded prior to the Blacklisting Order and which is not connected with such awarded contract/s.
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Re: Re:Blacklisted supplier with six months contract

Post by sunriser431 on Mon Sep 06, 2010 6:15 pm

RDV @ GP3i wrote:
sunriser431 wrote:
RDV @ GP3i wrote:
sunriser431 wrote: Suppose the PE needed to make a "Repeat order" for those items, considering all other aspects, can it be done/is it allowed? Hopefully others can share their opinon.
You will only make a Repeat Order if you are satisfied with the items you have procured, aside from the other conditions for Repeat Order. If it is proprietary nature, Direct Contracting may also be resorted to.
(Sorry, sunriser, there was nobody else, it seems, who wanted to share their opinion, so I still give mine.)
I have another clarification Sir RDV. Will this not violate the very essence of the Blacklisting guidelines? If we do resort to "repeat order" with a Blacklisted manufacturer/supplier. sorry for being makulit. Embarassed
Of course kung alam mo na blacklisted na siya bago ka mag Repeat Order, bakit ka pa mag Repeat Order sa kanya, d ba? What is not affected only is/are contract/s awarded prior to the Blacklisting Order and which is not connected with such awarded contract/s.
Thanks Sir RDV, for the clarification. The nitty-gritty of the procurement law. Very Happy
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