Question & AnswerQ&A (NEDA)
The guidelines cover blacklisting of constructors involved in government infrastructure projects who commit offenses during prequalification, bidding, and contract implementation phases. It includes joint ventures and consortia and applies to all contracts for infrastructure projects of national government agencies and instrumentalities, including government-owned and controlled corporations.
A constructor is any person or entity, including joint ventures and consortia, licensed by the Philippine Contractors Accreditation Board (PCAB) who undertakes, offers to undertake, or submits a bid for infrastructure projects.
Infrastructure projects include construction, improvement, or rehabilitation of roads, highways, airports, air navigation facilities, railways, ports, flood control, drainage, water supply, sewerage, irrigation systems, dams, buildings, communication facilities, dredging, reclamation, power generating plants, power transmission and distribution facilities, and other related construction projects.
Sanctions include suspension for one year for the first offense, disqualification for two years for the second offense, and perpetual disqualification for succeeding offenses.
Forfeiture of performance security and disqualification for six months for the first offense, one year for the second offense, two years for the third offense, and perpetual disqualification for succeeding offenses.
A government-level blacklisted constructor is one who has been suspended or disqualified by a government tendering agency Head and/or Board or included in the CIAP-Consolidated Government-Level Blacklisted Constructors, disallowing participation in government project bidding for a specified period.
The process includes verification of offenses by the Prequalification, Bid and Award Committee (PBAC) or Project Management Office (PMO), notification and hearing with a legal office, decision by the agency Head and/or Board, notification of the decision to the constructor and CIAP, and effectivity of sanctions on the date specified in the decision.
Delisting can occur automatically after serving the penalty or by court/appellate authority order. For blacklisting with conditions, a constructor may request delisting after the period upon settling all liabilities, which must be approved by the agency Head and/or Board.
Offenses include failure to mobilize/start work, non-compliance with contractual obligations, unauthorized assignment/subcontracting, poor performance or unsatisfactory quality, and willful abandonment of the project without lawful excuse.
Agencies submit authenticated copies of blacklisting and delisting orders to CIAP within seven calendar days. CIAP prepares and disseminates quarterly consolidated lists of blacklisted constructors to tendering agencies and the Commission on Audit, updates the list upon delisting, and integrates lists of constructors with revoked/suspended PCAB licenses.