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MANDATES FOR BLACKLISTING OF SUPPLIERS, CONTRACTORS AND CONSULTANTS

 PPA  2011  ON BLACKLISTED FIRMS

62.-(1) The Authority shall have power to blacklist a tenderer for a specified time from participating in public procurement proceedings and notify all procuring entities on such actions.

(2) A tenderer who has been blacklisted and barred from taking part in public procurement by a foreign country, international organisation or other foreign institutions shall automatically be blacklisted from participating in public procurement in the United Republic -

(a) in the case of fraud and corruption, for such period as is debarred by that foreign country, international organisation or foreign institution plus a further period of ten years; and

(b) in the case other than fraud or corruption, for such period as is debarred by that foreign country, international organisation or foreign institution plus a further period of five years.

(3) A tenderer shall be debarred and blacklisted from participating in public procurement or disposal proceedings if-

(a) fraud or corrupt practices is established against the tenderer in accordance with the provisions of this Act;

(b) the tenderer fails to abide with a bid securing declaration;

(c) the tenderer breaches a procurement contract;

(d) the tenderer makes false representation about his qualifications during tender proceeding.

(4) The Authority may debar and blacklist a tenderer from participating in public procurement on other grounds as may be deemed necessary by the Authority.

(5) Subject to subsections (3) and (4), the procedure for debarment shall be stipulated in the Regulations.

(6) A tenderer blacklisted pursuant to this section may appeal against the decision to the Appeals Authority within twenty one days from the date when he became aware or should have become aware of such decision.

(7) The Authority shall keep and maintain a register of all blacklisted firms in accordance with this Act.

(8) A tenderer blacklisted under this section shall not be permitted to start a new supplies, contracting or consulting firm during that period.

(9) Procuring entities shall not procure from, contract with or engage a tenderer who has been blacklisted from participating in public procurement proceedings pursuant to this Act.

(10) The Authority shall inform the relevant professional bodies upon debarring and blacklisting a tenderer.

(11) For purpose of this section, the word tenderer includes directors of a company or firm.

 

PPR 2013 ON BLACKLISTING

101.-(1) A tenderer who is blacklisted under these Regulations shall not be permitted to start a new supplies, contracting or consulting firm during that period.

(2) Procuring entities shall not procure from, contract with, or engage a tenderer who is blacklisted from participating in public procurement proceedings pursuant to the Act and these Regulations.

(3) Where a tenderer is debarred under the provisions of these regulations, any person who, at the time of debarment, was concerned with the management of the affairs of the debarred company or firm as director, partner, agent or an

officer, shall be barred from participating in public procurement or disposal by tender for the same period.

(4) The Authority shall inform the relevant statutory bodies upon debarring and blacklisting a tenderer.

 

Click here to get the list of blacklisted firms by PPRA

 

Click here to get the list of blacklisted firms by World Bank

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