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Conflict of Interest

Conflict of Interest

by MARCELINO JR DAGASDAS -
Number of replies: 3

The father is a regular bidder in consultancy services in a State University and her daugther will be recommended as TWG member of BAC for Infra. Is their conflict of interest for the father to submit bids ? Many thanks ...

In reply to MARCELINO JR DAGASDAS

Re: Conflict of Interest

by Jessie Salvador -
Assuming the daughter will be designated as TWG member, regardless of the fact that it will be for infra, the answer is YES.

Sec. 47.1 All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the HoPE, Procurement Agent if engaged, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user or implementing unit, and the project consultants, by consanguinity or affinity up to the third civil degree. Failure to comply with the aforementioned provision shall be a ground for the automatic disqualification of the bid in consonance with Section 30 of this IRR. For this reason, relation to the aforementioned persons within the third civil degree of consanguinity or affinity shall automatically disqualify the bidder from participating in the procurement of contracts of the Procuring Entity notwithstanding the act of such persons inhibiting themselves from the procurement process. On the part of the bidder, this provision shall apply to the following persons:

a) If the bidder is an individual or a sole proprietorship, to the bidder himself;
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b) If the bidder is a partnership, to all its officers and members;

c) If the bidder is a corporation, to all its officers, directors, and controlling stockholders;

d) If the bidder is a cooperative, to all its officers, directors, and controlling shareholders or members; and

e) If the bidder is a joint venture, the provisions of items (a), (b), (c), or (d) of this Section shall correspondingly apply to each of the members of the said joint venture, as may be appropriate.

The rules did not make a distinction, so we do not make a distinction. Since the daughter is related to the 1st degree of consanguinity with the father, if the latter will again participate in the procurement activity of the same procuring entity, the latter will be disqualified.