Section 99Sec./Art. 99

Imposition of Suspension. - The HoPE, subject to the authority delegated to the BAC, if any, shall impose the penalty of suspension for one (1) year for the first offense, and suspension of two (2) years for the second offense, for any of the following offenses:

(a) Refusing or failing to post the required performance security within the prescribed time;

(b) Withdrawing a bid, or refusing to accept an award, or refusing or failing to enter into contract with the Procuring Entity without justifiable cause, after the approval of the HoPE for having been the declared LCRB, MEARCB, or HRRB, as the case may be;

(c) Refusing to clarify or validate in writing its bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification;

(d) Causing the delay, without justifiable cause, of the screening for eligibility, opening of Bids, evaluation and post evaluation of Bids, and awarding of contracts;

(e) For the renewal of contracts for regular and recurring services, refusal of the service provider to accept the notice of renewal or failure to submit its updated documentary requirements for the renewal of contract without any justifiable reason:

(f) Delivering goods of unsatisfactory or inferior quality as may be provided in the contract;

(g) Rendering poor performance by the consultant of one's service. Poor performance shall be as follows:

(1) Defective design resulting in substantial corrective works in design and/or construction;

(2) Failure to deliver critical output due to the fault or negligence of the consultant;

(3) Specifying materials which are inappropriate, substandard, or way above acceptable standards; and

(4) Allowing defective workmanship or works by the winning bidder being supervised by the consultant; or

(h) Rendering poor performance by the winning bidder or unsatisfactory quality and/or progress of work. Prior performance shall be as follows:

(1) Negative slippage of fifteen percent (15%) and above within the critical path of the project due entirely to the fault or negligence of the winning bidder; and

(2) Quality of materials and workmanship not complying with the approved specifications arising from the fault or negligence of the winning bidder.

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