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gov. emp. bribe / influence public bidding

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1 gov. emp. bribe / influence public bidding on Fri Aug 10, 2012 1:48 pm

evlecho


Arresto Menor
Facts:

after providing services for a certain government agency for a couple of years, (since we have been winning such public biddings on our own, but that was after 3 failed attempts, due to some technicalities) there has been a change in the bidding committee and the personnel involve for checking the bid docs, and after that change, the ones that came to our office for the post qualification inspections have been giving us some problems and have been impliedly asking for money, sometimes through birthday gifts, enrollment reasons, hotel accomodations, etc. so the office decided to just give him a monthly allowance to avoid them from arbitrarily asking from time to time, and after a while, the one who checks up on such person also started to ask, and after that the one who checks up on our personnel,, and just two years ago, they were telling us how to compute our bid figures, some computations were not within the legal boundaries, we did insist that such figures would be disqualified, but he insisted that he will be the one checking the docs, and asked for around 40k. so we were forced to comply, for fear that if we didnt, he would give us problems again. but last year, just as we insisted, that such figure was not within the legal boundaries, the bid was rejected and now there's another rebidding, but that was after he and his officer came to the office to ask for another amount, total of 80k if i remember correctly, that is aside from their monthly. and during the rebidding, the other bidder outbid us with a computation that was nearly perfect in computation as regards to our own figure.

we do have the deposit slips of the monthly allowances and also some other deposits directly deposited to their accounts.

issues:
**what can we charge them with?
**are we also liable, given the facts? how do we prove that our actions were not due to our own accord but only of fear of losing the contract.
**will our other contracts be affected? contracts directly related to such public office, and also other contracts that have no connection with them?

other facts of our company:
we have other clients, most of which observe proper ethics, and legal boundaries. properly winning the bids and also providing all our personnel with the minimum wage law.

our prayer is we are given proper treatment and should not be toyed with by asking for undue payments under the notion that if we dont comply we would lose such contract. aside from which, all our docs are legal and properly complied with,, bus permits, licenses, sss certs, PH, Pagibig, dole.. we only have our profit margin to pay for our staf, admin cost, operational expenses, and other hidden costs, and now we are being asked to pay for the birthday parties, kid's enrollment and the vices of the person's checking our post-qulification documents?? How TUWID really is our ROAD that we are under the mercy of such persons.

hoping for anybody's legal and solomonic advice.

thanks

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