“Contractors doing business with the Department of Public Works and Highways (DPWH) must maintain a good track record to be able to continue participating in our public biddings.”
This was stressed by DPWH Secretary Rogelio L. Singson as he directs through Department Order (DO) No. 17, Series of 2015, the strict enforcement of the 3-strike policy against erring contractors, suppliers and consultants involved in procurement of infrastructure works, goods and consultative services of the Department.
Under the 3-strike policy, the following acts of contractor may be considered as a violation: 1) purchasing bidding documents but: (a) withdrawn from the bidding; (b) submitted a letter of non-participation; or (c) did not submit a bid without a valid cause; 2) submitting a late bid without valid cause; 3) submitting insufficient/defective documents; and other actions that defeat the purpose of public bidding as determined by concerned Bids and Awards Committee(BAC).
Secretary Singson ordered members of the DPWH BACs and Procurement Service (PrS) to implement stricter monitoring on those contractors who tend to violate rules of public bidding.
“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 BAC members,” Singson explained.
Following due process, respective BAC Chairpersons are directed to immediately serve a written notice for every violation of participating bidder, and give the latter five (5) days to show cause why he/she should not be sanctioned. The BAC shall then evaluate and determine within seven (7) 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.
Procurement Service on the other hand is responsible in monitoring the violations of the 3-Strike Policy in all procurement undertaken in the entire Department and shall recommend to the Secretary the necessary sanctions in coordination with the Legal Service.
For the first strike or violation of bidder, the BAC shall issue first warning; for the second strike, a second warning; for the third strike in a 12 month period, which is considered an offense, the contractor will be suspended for participating in any DPWH bidding process for the period of one (1) year; and, for the second set of 3 strikes, a 2-year suspension.
Failure on the part of DPWH BAC members and other concerned personnel to submit a complete and verified 3-strike report shall also face sanctions provided for under Civil Service rules and regulations