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Secretary's Corner
HON.
HERMOGENES EDEJER EBDANE, JR.
STATEMENT ON SUSPENSION ORDER FOR 60
CONTRACTORS
In compliance with the provisions of Republic Act 9184 or the
Government Procurement Reform Act and Department Order No. 35,
Series of 2008 on the 3-strike Policy for Procurement of Civil
Works, we are hereby ordering the suspension of 60 civil works
contactors of the Department of Public Works and Highways effective
today.
The decision to suspend these 60 contactors, out of the original 216
contractors that were found to have violated provisions of RA 9184
and DO NO 35, came after observing due process and providing them
enough time to respond to our letter in March 2009 inviting them to
show cause as to why the recommendation to suspend them from
participating in DPWH projects should not be implemented.
After careful deliberation and review the reasons submitted by the
168 who responded to our invitation, the Central Office-Bids and
Awards Committee recommended the suspension of 60 contractors, in
two separate resolutions. The reasons cited for their recommendation
are valid, among them the failure to respond to the DPWH letter
invitation and the unacceptability of the reasons they provided.
We have given all concerned enough time and due process as required
by law. After careful deliberation by the CO-BAC, 60 contractors
were recommended for suspension and I have approved their
recommendation effective immediately.
We are duty-bound to fulfill the spirit and intent of RA 9184 as
contained in the Implementing Rules and Regulations that were
crafted to ensure full compliance.
Let this suspension send a clear message to all contractors and
other parties doing business with DPWH in particular and the
government in general. Follow the law or face sanctions and
suspensions, and even lose business.
Our mandate to build roads and bridges, include protecting the
integrity of the process, as set in the laws that govern our
operations. We build to prosper, and we build to strengthen the very
foundation of our nation, by respecting the laws and complying with
them.
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