Requesting Entity: HLYC Trading
Issues Concern: Blacklisting
When does the Blacklisting Order become final and executory
[I]t is the Decision to Suspend that becomes final and executory which results in the issuance of a Blacklisting Order. Conversely, the Blacklisting Order contains, among others, the sanctions imposed on the erring contractor (i.e. the disqualification from participating in the bidding of all government projects)
Pursuant to Sections 5.6 and 5.9 of the Uniform Guidelines for Blacklisting of Manufacturers, Suppliers, Distributors, Contractors and Consultants (Guidelines) the Decision to Suspend becomes final and executory under the following instances:
1. If the bidder did not file a Motion for Reconsideration on the Decision to Suspend, said Decision becomes final and executory after the lapse of seven (7) days counted from receipt of the Notice of the Decision; or,
2. If the bidder did not file a Protest after his Motion for Reconsideration has been denied, the Decision becomes final and executory after the lapse of seven (7) days counted from receipt of the resolution on the motion for reconsideration; or,
3. If a Protest was filed and the same was denied, the Decision becomes final and executory upon receipt by the agency and person/entity concerned of the Decision on the protest.
Section 5.4 of the Guidelines provides that the bidder remains suspended from participating in any procurement activity of the agency during the pendency of the Motion for Reconsideration and/or Protest and the suspension shall terminate only when the Head of the Procuring Entity or appellate authority reverses the subject Decision
When is the effectivity date of the Blacklisting Order?
Upon finality of the Decision to Suspend, it is incumbent upon the Procuring Entity to immediately issue the Blacklisting Order disqualifying the bidder from participating in the bidding of all government projects where the start date and completion of the sanction is stated. which may either be one (1) year or two (2) years as the case may be. This is because the Blacklisting Order affects the eligibility of the erring contractor vis-a-vis its participation in government procurement opportunities.