Scope
- These guidelines apply to blacklisting constructors involved in government infrastructure projects across all phases: prequalification, bidding, award, and contract implementation.
- Joint ventures and consortia are also subject to these guidelines with sanctions accumulated among member constructors.
Participation Prohibition
- Constructors suspended or blacklisted are prohibited from participating in prequalification and bidding for all government tendering agencies throughout the suspension period.
- Joint ventures or consortia involving blacklisted members are also barred during suspension.
- Participation may only resume upon issuance of a CIAP certificate confirming delisting.
Key Definitions
- Appellate Authority: Supervisory agency over blacklisting agencies (e.g., Office of the President or respective department).
- Blacklisting: Suspension or disqualification from government projects either indefinitely or for a set duration.
- Blacklisting with Conditions: Suspension period continues until all outstanding liabilities are settled.
- Constructor: Any licensed individual or entity, including joint ventures or consortia, capable of undertaking infrastructure projects.
- Contract Implementation: Execution of project work according to contractual documents.
- Delist: Removal from the consolidated blacklist.
- Various other terms clarify procedural and organizational elements involved in contracting and blacklisting.
Sanctions and Grounds for Blacklisting
Prequalification, Bidding, and Award Phase:
- Offenses like misrepresentation, bid rigging, unauthorized participation in PBAC activities, and collusion lead to progressive sanctions from suspension (1 year) to perpetual disqualification.
- Non-submission or late bids without justification result in sanctions from 6 months suspension up to perpetual disqualification.
- Refusal to sign contracts or submit security leads to forfeiture of bid security and increasing suspensions or disqualifications.
- Severe breaches such as bribery and graft carry suspensions up to 5 years or perpetual disqualification.
Contract Implementation Phase:
- Failure to mobilize or perform as per contractual obligations results in security forfeiture and disqualification starting from 6 months to perpetual.
- Unauthorized subcontracting, poor performance, violation of safety standards, and failure to register with DOLE attracts escalated sanctions.
- Willful abandonment is sanctioned with at least 2 years disqualification to perpetual.
- Agencies may take over unfinished work or contract it to others.
Due Process for Blacklisting
- Verification by PBAC or Project Management Office within 15 calendar days follows any reported offenses.
- The constructor is notified and given 15 days to respond; hearings are conducted with a hearing officer and observer.
- Decisions with details on sanctions and duration must be issued within 30 calendar days of last hearing.
- Decisions are communicated to the constructor and CIAP within 7 calendar days.
- One motion for reconsideration allowed within 15 days on specified grounds; the agency must resolve within 15 days.
- Appeals to the appellate authority are permitted within 15 days; decisions on appeal must also be rendered within 15 days.
- A constructor with pending reconsideration or appeal may participate in bidding but may be disqualified from award if the appeal is denied before the Notice of Award.
- Sanctions become executory after 15 days from notice unless a motion or appeal is filed.
Delisting Procedures
- Automatic delisting occurs after sanction periods lapse unless blacklisting is conditional or extended for reasons.
- For blacklisting with conditions, delisting is granted only after liabilities are fully settled.
- Perpetual disqualification cases have no delisting.
Information Sharing and Networking
- Agencies must submit blacklisting and delisting orders to CIAP within 7 days.
- If referred to the PCAB, decisions with supporting documents must be provided.
- CIAP publishes a quarterly consolidated blacklist report with detailed data on offenses, sanctions, and statuses, which includes revoked or suspended licenses.
Applicability
- The guidelines cover all national government agencies, instrumentalities, and government-owned and controlled corporations engaging in infrastructure projects.
Effectivity
- The guidelines take effect fifteen (15) days after filing with the Office of the National Administrative Register as per the Administrative Code of 1987.