Dear Sir/Ma'am,
Is the Appendix 17, Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors and Consultants of Republic Act No. 9184 applicable to the procurement stages of AMPs like Small Value Procurement (SVP) and Shopping, also?
Item 4.1 of the aforementioned appendix specifically states procurement stage for public bidding/competitive bidding only as grounds for blacklisting.
Thank you.
Blacklisting is a harsh penalty that involves derogation of rights. Strictissimi juris. Hence, if the grounds enumerate public bidding process, it excludes alternative methods. However, blacklisting may still be imposed under contract implementation phase. Ubi lex non distinguit, nec nos distinguirre debemus. When the law does not distinguish, we should not distinguish.
Dear Sir Jessie,
Thank you for the clarification. Hence, we cannot apply it to erring suppliers under small value procurement during its procurement stage, contrary to what we were told that the terms used in the Appendix 17 item 4.1, which are "Public Bidding" and "Competitive Bidding" are general terms for all government procurement and can be applied to AMPs.
Thank you for the clarification. Hence, we cannot apply it to erring suppliers under small value procurement during its procurement stage, contrary to what we were told that the terms used in the Appendix 17 item 4.1, which are "Public Bidding" and "Competitive Bidding" are general terms for all government procurement and can be applied to AMPs.
By the letters of the IRR, you cannot. But you may argue that equity (justice outside legality) dictates that they may still be liable especially if there is submission of falsified documents. Outside RA 9184, they may be prosecuted for falsification under the Revised Penal Code, which has more stringent penalty of imprisonment than just blacklisting.
Dear Sir,
Can we create an internal guidelines delegating the authority/roles of the HoPE to any office/officials of the agency?
Can we create an internal guidelines delegating the authority/roles of the HoPE to any office/officials of the agency?
There are already guidelines in delegating the authority under the Revised IRR. The scope of authority may be spelled out in the Office Order issued by the HoPE.