Requesting Entity: Philippine Air Force Procurement Center
Issues Concern: Procedures or Guidelines for Blacklisting Under Executive Order 40, Series of 2001 and Executive Order 262, Series of 2000
Request for guidance on the procedures for blacklisting under Executive Order 40, Series of 2001 (“E.O. 40”) and Executive Order 262, Series of 2000 (E.O. 262).
On the basis of the above-mentioned provisions (Sections 44.1 and 44.2, IRR, E.O. 40; and Annex “M”, E.O. 262), procuring entities may blacklist erring bidders through an administrative procedure that accords due process to such bidders. In view of the absence of specific guidelines and procedures for blacklisting entities for offenses committed under E.O.s 40 and 262, procuring entities may implement the relevant provisions thereof by formulating its internal procedures subject to the cardinal rights or principles in administrative proceedings provided by the Supreme Court in the case of Ang Tibay v. CIR.
It is noteworthy to state that should the PAFPC formulate and implement its internal procedures for blacklisting, such procedures will be applicable to all its procurement projects until the issuance by the Government Procurement Policy Board (“GPPB”) of the guidelines for blacklisting. The blacklisting decision by the PAFPC against its erring suppliers will result to its ineligibility to participate in future procurement projects of the PAFPC and other government agencies for the duration of its suspension.