2013-02-20

NPM 010-2013

Requesting Entity: Department of Agriculture (DA)

Issues Concern: Conflict of Interest

 

Details

Whether there is conflict of interest when the entity that prepared and made plans/drawings for a Project, likewise participates in the bidding process for the same Project.

[T]he Generic Procurement Manuals for the Procurement of Consulting Services clearly provide that the firm that has been engaged to provide consulting services for the preparation or implementation of a project, and each of its affiliates, will be disqualified from subsequently providing goods, works, or services resulting from or directly related to the firm's consulting services for such preparation or implementation. It also provides that consultants hired to prepare terms of reference for an assignment should not be hired for the assignment in question.

The Philippine Bidding Documents for the Procurement of Consulting Services identifies existence of conflict of interest for "any previous or ongoing participation by the Consultant, its professional staff, or its affiliates or associates under a contract with the Funding Source or the Procuring Entity in relation to [the] Project".

Based on the foregoing, there is conflict of interest when the entity that prepared the plans/drawings likewise participates in the ensuing procurement activities for the Project.