Requesting Entity: AES Watch
Issues Concern: Request to Blacklist Smartmatic
Whether the Government Procurement Policy Board (GPPB) and its Technical Support Office (TSO) has the authority to conduct the necessary proceedings to blacklist Smartmatic
The GPPB does not have the authority or power to blacklist a bidder or contractor.
[I]t is the Head of the Procuring Entity, not the GPPB or its TSO, that has the power to suspend and blacklist an erring bidder/contractor. Under the rules, upon the issuance of the Blacklisting Order, the Procuring Entity shall furnish the GPPB a copy thereof for the inclusion in the Consolidated Blacklisting Report and for posting.
[T]he GPPB's function in the process of blacklisting is to include the blacklisted person/entity in the Consolidated Blacklisting Report; to disseminate the list to procuring entities and Commission on Audit (COA); and, to post the Report in the GPPB and Philippine Government Electronic Procurement System (PhilGEPS) website.