THE Committee on Laws, Ordinances, and Styling chaired by Cebu City Councilor Rey Gealon announced that the Traffic Management Committee (TMC) could not suggest that a contractor be permanently blacklisted or disqualified since doing so would be against a city ordinance.
According to the report of the Committee on Laws in relation to the resolution of the TMC to blacklist JFAP Construction, the contractor of Metropolitan Cebu Water District (MCWD) that installs water pipes from Lobregat property in Barangay Busay to JY Square in Barangay Lahug, the disqualification process should be done in accordance with the guidelines issued by the Government Procurement Policy Board (GPPB) and not through a resolution issued by the CCTMC.
"The CCTMC cannot go beyond the penalties provided in the ordinances violated by JFAP by recommending blacklisting, or worse, perpetual disqualification in the issuance of any work permits or the granting of awards in relation to any constructions within the City of Cebu, " reads part of the committee report.
Resolution no. 29-058-2023 dated March 14, 2023 shows that the CCTMC used Section 2 (a) of Cebu City Ordinance No. 1264 as the basis for blacklisting.
However, Gealon’s committee report with City Councilor Phillip Zafra and Vice Mayor Raymond Alvin Garcia states that there is nothing in the ordinance that can be used to place the contractor on a blacklist.
Engineer Joseph Frederick A. Pepito, owner of JFAP Construction described the CCTMC resolution as unreasonable and without merit.
The committee report has been approved by the Cebu City Council during their regular session last June 7.(PAC, TPT)