NPM No. 008-2017
Requesting Entity: Department of Public Works and Highways (DPWH)
Issues Concern: Cross Debarment of Blacklisted Contractors
Whether cross debarment of blacklisted contractors is allowed and will not violate any provision of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
It is important to note, however, that under Section 25.3(b) of the 2016 Revised IRR of RA 9184, one of the mandatory provisions of the Omnibus Sworn Statement is that the bidder “is not “blacklisted” or barred from bidding by the GoP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB.” Accordingly, cross debarment may only be possible if the GPPB has recognized the blacklisting rules of a foreign government/foreign or international financing institution. At present, no recognition has been made by the GPPB to any other blacklisting bodies or entities.