Section 100Sec./Art. 100

Imposition of Blacklisting. - The HoPE may impose the penalty of blacklisting consisting of one (1) year prohibition for the first offense, or two (2) years prohibition for the second offense for any of the following offenses:

(a) Committing three (3) or more of any of the acts imposed with suspension, as provided under Section 99 of this Act;

(b) using force, fraudulent machinations, coercion, undue influence or pressure on any member of the BAC or any officer or employee of the Procuring Entity to take a particular action for its own favor or gain, or to the disadvantage of a particular bidder;

(c) Agreeing with two (2) or more bidders and submitting different bids as if they were bonafide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest bid;

(d) Using the name of another for purposes of participating in any procurement activity;

(e) Submitting eligibility requirements and bids containing false information or falsified documents or the concealment of such information that will materially alter the outcome of eligibility screening or any stage of the procurement;

(f) Maliciously submitting different bids through two (2) or more persons, corporations, partnerships, or any other business entity in which it has interest, to create the appearance of competition that does not in fact exist so as to be declared as the winning bidder;

(g) Submission of beneficial ownership information containing false entries;

(h) Unauthorized accessing of the contents of any Bid submitted to the Procuring Entity before the opening of bids;

(i) Entering into an agreement with other bidder/s which call upon one to refrain from bidding for procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure an undue advantage to any of the bidders;

(j) Failing to faithfully disclose its relationship, regardless of the time of its discovery, with the HoPE, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit or implementing unit, and the project consultants of the Procuring Entity, or of the procurement agent, whichever is applicable, by consanguinity or affinity up to the third civil degree pursuant to Section 81 of this Act;

(k) Terminating the contract due to thew default or unlawful acts of the bidder supplier, contractor or consultant;

(l) Engaging in any documented unsolicited attempt to unduly influence the outcome of the bidding;

(m) Employing schemes which stifle or suppress any procurement activity;

(n) Assigning or subcontracting the contract or any part thereof or substituting key personnel named in the proposal without prior written approval by the Procuring Entity;

(o) Willful or deliberate abandonment or non-performance of the project or contract by the winning bidder resulting in substantial breach thereof without lawful and/or just cause; or

(p) In case it is determined prima facie that the winning bidder has engaged, before or during implementation of the contract, in the following unlawful deeds and behaviors relative to contract acquisition and implementation:

(1) Corrupt, fraudulent, collusive and coercive practices;

(2) Drawing up or using forged documents; or

(3) Using adulterated materials, means or methods, or engaging in production contrary to rules of science or the trade.

Moreover, the bid security or the performance security posted by the entity concerned shall be forfeited.