| ARTICLE XXIII
ADMINISTRATIVE
SANCTIONS
SEC. 69. Imposition of Administrative Penalties. - (a) In addition to the provisions of Articles XXI and
XXII of this Act, the Head of the Procuring Entity, subject
to the authority delegated to the BAC, if any, shall impose
on bidders or prospective bidders, the administrative penalty
of suspension for one (1) year for the first offense, and
suspension of two (2) years for the second offense from
participating in the public bidding process, for the following
violations:
-
Submission of eligibility requirements containing false
information or falsified documents.
-
Submission of Bids that contain false information or falsified
documents, or the concealment of such information in the
Bids in order to influence the outcome of eligibility
screening or any other stage of the public bidding.
-
Allowing the use of one's name, or using the name of another
for purposes of public bidding.
-
Withdrawal of a Bid, or refusal to accept an award, or
enter into contract with the Government without justifiable
cause, after he had been adjudged as having submitted
the Lowest Calculated Responsive Bid or Highest Rated
Responsive Bid.
-
Refusal or failure to post the required performance security
within the prescribed time.
-
Termination of the contract due to the default of the
bidder.
Refusal
to clarify or validate in writing its Bid during post-qualification
within a period of seven (7) calendar days from receipt
of the request for clarification.
Any
documented unsolicited attempt by a bidder to unduly influence
the outcome of the bidding in his favor.
All
other acts that tend to defeat the purpose of the Competitive
Bidding.
(b)
In addition to the penalty of suspension, the Bid security
or the performance security posted by the concerned bidder
or prospective bidder shall also be forfeited.
(c)
The Head of the Procuring Entity may delegate to the BAC
the authority to impose the aforementioned administrative
penalties.
SEC. 70. Preventive Suspension. - The head of the
procuring entity may preventively suspend any member of
the Technical Working Group or the Secretariat, or the BAC
if there are strong reasons or prima facie evidence showing
that the officials or employees concerned are guilty of
the charges filed against them under Articles XXI and XXII
of this Act or for dishonesty as defined by the Civil Service
Laws. In all cases, procedural and substantive due process
as mandated by the Constitution and Civil Service Laws,
rules and regulations, shall be strictly observed.
SEC. 71. Lifting of Suspension and Removal of Administrative
Disabilities. Lifting of preventive suspension pending
administrative investigation, as well as removal of administrative
penalties and disabilities shall be in accordance with the
provisions of Sections 52 and 53, Chapter 6 (Civil Service
Commission), Book V of Executive Order No. 292, the Administrative
Code of 1987 |
