Scope of the Guidelines
- Applies to blacklisting constructors involved in government infrastructure projects.
- Covers offenses during prequalification, bidding, and contract implementation phases.
- Includes joint ventures and consortia with sanctions accrued to both the entity and its member constructors.
Definitions
- Constructor: Any person or entity licensed by the Philippine Contractors Accreditation Board (PCAB) engaging in infrastructure projects.
- Infrastructure Projects: Include roads, airports, railways, ports, flood control, water supply, irrigation, buildings, communication, dredging, power plants, and related constructions.
- Government-Level Blacklisted Constructor: One suspended or disqualified by a government tendering agency or included in the CIAP consolidated blacklist, barred from participation for a specified period.
Criteria for Blacklisting During Prequalification, Bidding, and Award
- Offenses Leading to Sanctions:
- Misrepresentation or concealment of material facts, falsification, license lending.
- Bid rigging or collusion indicated by identical bids or estimates.
- Acts defeating public bidding purpose.
- Sanctions:
- Suspension (1 year for first offense), disqualification (2 years for second), perpetual disqualification thereafter.
- Other Offenses and Sanctions:
- Non-submission of bids: suspension (6 months), then disqualifications.
- Unjustified failure to accept award, non-submission of required documents, refusal to sign contracts: forfeiture of bid security, suspension, or disqualification progressively.
Criteria for Blacklisting During Contract Implementation
- Sanctions escalate with repeated offenses: from forfeiture of performance security to multi-year disqualifications or perpetual disqualification.
- Offenses Include:
- Failure to mobilize/start work as per Notice to Proceed (NTP).
- Non-compliance with contractual obligations without valid cause.
- Failure to follow lawful instructions regarding supervision, safety, materials handling, equipment deployment, performance security renewal.
- Unauthorized subcontracting.
- Poor performance based on Constructor's Performance Evaluation System (CPES) or agency monitoring.
- Willful abandonment without lawful excuse results in serious sanctions.
- Agencies may undertake unfinished works or reassign contracts in offense cases.
Due Process and Procedure for Blacklisting
- Verification conducted by Prequalification, Bid and Award Committee (PBAC) or Project Management Office (PMO), completed within 15 calendar days.
- Legal Office notifies constructor to answer within 15 calendar days; a hearing officer schedules hearings with constructors association representatives as observers.
- Agency Head/Board decides sanctions after merit-based deliberation; sanctions commence as specified in decisions.
- Blacklisting status pending decision allows participation until final ruling; prior decisions prevent award grants.
- Multiple offenses are penalized separately.
- Notifications of decisions sent to constructors and CIAP within 7 calendar days.
Measures for Delisting
- Automatic lifting of blacklisting upon serving sentence or by court/appellate order.
- Conditional delisting requires constructor’s request and settlement of all liabilities.
- Perpetual disqualification is final with no delisting possible.
Information Sharing and Networking
- Agencies must submit authenticated Blacklisting and Delisting Orders to CIAP within 7 calendar days.
- Complaints elevated to PCAB require detailed documentation in triplicate with affidavits.
- CIAP prepares quarterly consolidated blacklisting reports, including PCAB license revocations, and disseminates to relevant agencies and COA.
- Reports remove those whose sanctions have ended or been lifted.
Applicability
- Applies to all national government agencies, instrumentalities, and government-owned and controlled corporations (GOCCs) handling infrastructure contracts.
Effectivity
- Effective upon approval by the NEDA Committee on Infrastructure and fifteen (15) days after publication by CIAP.