NPM 033-2012

Requesting Entity: Bureau of Corrections

Issues Concern: Blacklisting



Clarification on Section 4.8(1) of the Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors, and Consultants as basis for blacklisting.

[I]n order to properly use Section 4.1(8) of the Guidelines as basis for blacklisting, the act committed by the bidder should be of the same kind as those enumerated therein. Considering that violation of the rules and procedures on protest mechanism under RA 9184 and its IRR does not involve the same kind of acts as those in the examples given, it is our considered opinion that such act cannot be deemed to be an act that tend to defeat the purpose of competitive bidding that will cause the imposition of blacklisting against the actor, for to do so will essentially negate the very nature of the protest mechanism, that is, to afford prejudiced bidders the proper remedy and procedural approach to address their grievances alongside the constitutionally ensconced due process doctrine.