Question & AnswerQ&A (CIAP BOARD Resolution NO. 5, S. 2000)
The CIAP is tasked to promote, accelerate and regulate the growth of the construction industry in conformity with national goals.
The guidelines address differing sanctions against erring constructors, ensure due process in blacklisting, and improve information sharing among agencies about offenses committed by constructors in public construction.
The Guidelines cover offenses committed during prequalification, bidding, award, and contract implementation phases of government infrastructure projects.
No, joint ventures or consortia with blacklisted members or individual members belonging to a blacklisted joint venture or consortium are not allowed to participate during the period of suspension or disqualification.
Blacklisting means an agency decision to suspend or disqualify a constructor from participating in all government construction projects either perpetually or for a given period.
The sanction is suspension for one (1) year.
Suspension for five (5) years for the first offense and perpetual disqualification for succeeding offenses.
Grounds include failure to mobilize and start work, non-compliance with contractual obligations, poor performance, failure to comply with safety standards, willful negligence, unauthorized subcontracting, and willful abandonment of the project.
The process includes verification of offenses, notification to the constructor, hearings conducted by a Hearing Officer, issuance of decision stating sanctions with reasons, and notification of the decisions to the constructor and CIAP.
Before the decision on such motion or appeal, the constructor may still participate in prequalification and bidding, but if the motion/appeal is denied before awarding, the constructor is not eligible for award and the project will be awarded to another constructor.