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DPWH to enforce ‘3-strike policy’ on contractors


Contractors on government construction projects will have to keep a good track record and avoid committing three violations or "strikes" within one year or they will be disqualified from further projects.
 
The Department of Public Works and Highways stressed this Monday as it said it is now enforcing the three-strike policy on contractors.
 
“We want to ensure that all participating entities diligently follow procedures and prohibit those who habitually defeat the purpose of public bidding. This directive also applies to DPWH (Bids and Awards Committee) members,” DPWH Secretary Rogelio Singson said.
 
He reminded contractors doing business with the DPWH that they "must maintain a good track record to be able to continue participating in our public biddings.”
 
Singson issued Department Order No. 17, enforcing the three-strike policy against erring contractors, suppliers and consultants involved in procurement of infrastructure works, goods and consultative services of the DPWH.
 
Under the policy, violations by contractors may include:
 
- purchasing bidding documents but withdrawing from the bidding; submitting a letter of non-participation; or failing to submit a bid without a valid cause
- submitting a late bid without valid cause
- submitting insufficient/defective documents
 
Violations may also include "other actions that defeat the purpose of public bidding as determined by concerned Bids and Awards Committee," the DPWH said.
 
Meanwhile, Singson ordered the DPWH BACs and Procurement Service to be stricter in monitoring contractors who tend to violate rules of public bidding.
 
Respective BAC chairpersons are directed to immediately serve a written notice for every violation of a participating bidder, and give the bidders five days to show cause.
 
The BAC shall then evaluate and determine within seven days if the bidder’s reason is valid.
 
BACs must also maintain a tally of violations of each bidder and submit notarized reports to the PrS for evaluation.
 
For its part, the Procurement Service is responsible in monitoring the violations of the three-strike policy in all procurement undertaken in the entire DPWH.
 
It shall recommend to the Secretary the necessary sanctions in coordination with the Legal Service.
 
The first two strikes will mean warnings, but the third strike within a 12-month period, the contractor will be suspended for participating in any DPWH bidding process for a year.
 
A second set of three strikes will result in a two-year suspension.
 
Meanwhile, BAC members and other concerned personnel's failure to submit a complete and verified three-strike report shall face sanctions provided for under Civil Service rules and regulations. — Joel Locsin/JDS, GMA News