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Disclosure of relationship

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Disclosure of relationship

Post by Wonder Five on Tue Aug 02, 2011 4:42 pm

We have an LCB whose CEO has a sister holding a plantilla position in a budget office of this LGU. Added to it, is their brother who is an officer of their construction company whose wife is the sister-in-law of our BAC Chairman. Although, the BAC didn't award the 15M project, but the HOPE did, i just want to seek opinion if the BAC was on the right track denying the award. Question

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Re: Disclosure of relationship

Post by ikuz23 on Wed Aug 03, 2011 11:02 am

good day

excerpt from omnibus sworn statement (PBD 4th edition)

6. If a sole proprietorship: I am not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;

If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
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Re: Disclosure of relationship

Post by Guest on Wed Aug 03, 2011 11:25 am

Section 47. Disclosure of Relations
All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree.

The said provision of the IRR should be the basis of the disqualification otherwise you could be hit by this provision:

65.1. Without prejudice to the provisions of R.A. 3019 and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:
x x x
b) Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of action provided for in this IRR.

Ill check based on the facts given if CEO and the wife of the CEO brother is within the 3rd degree of A/C. ill post again



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Re: Disclosure of relationship

Post by Guest on Wed Aug 03, 2011 11:46 am

Okay

I don't know if I'm right.

Based on the facts I assume that the wife of the CEO brother is the sister of the wife of the Chairman. If I'm right I believe that the BAC chairman has no relationship with the CEO nor his/her brother. The BAC Chair however has a 3rd degree of relationship of affinity with the wife of the CEO brother because of his marriage with her sister.

CEO
CEO BROTHER---brother -in-law ( by marriage to their wives) BAC CAHIRMAN
WIFE OF CEO BROTHER ---------sisters?----------------- WIFE OF BAC CHAIRMAN

the Brother and the Chairman are in laws by marriage to their wives. no relationship by consanguinity or affinity.
Therefore: even if the CEO brother directly participated in the said bidding the said company should not be disqualified.
(not sure if the brother in law in this instance is counted as a civil degree of relationship by affinity - need to research more about the provision of the law)






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