(NAR) VOL. 7 NO. 1 / JANUARY-MARCH 1996; 92 OG No. 19, 2920 (May 6, 1996)
WHEREAS, the present policies, guidelines,
rules and regulations covering contracts for the procurement of
goods/supplies for project-related and normal/regular operations and
maintenance activities of the National Government appear to be,
generally, fragmented;
WHEREAS, in the interest of
public service, the procurement of goods/supplies by the National
Government must be based on the public
economy;
WHEREAS, as a consequence of the continuous
increase in development projects, operations and maintenance
requirements of the National Government, contracts for the procurement
of goods/supplies have substantially increased;
NOW,
THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of
the powers vested in me by law, do hereby
order:
SECTION 1. A set of rules and regulations
covering contracts for the procurement of goods and supplies for both
project-related and normal/regular operation and maintenance activities
of the National Government be adopted for the following
purposes:
- to purchase goods of
acceptable quality at fair and reasonable prices from qualified and
capable suppliers/manufacturers/distributors, with on time delivery and
satisfactory compliance of all contract terms and
conditions;
- to assure fair and
equitable treatment of suppliers/manufacturers/distributors including
arrangements for prompt
payments;
- to accomplish
procurement through open competitive bidding in the interest of economy
and efficiency; and
- to maintain
and collect data for refinement of procurement policies and procedures
based on experiences gained.
SECTION 2.
Levels of approving authority for contracts involving the procurement of
goods/supplies for project-related and normal/regular operations and
maintenance activities of all agencies of the National Government shall
be as prescribed under the pertinent provisions of Executive Order Nos.
301 and 380 dated 26 July 1987 and 27 November 1989,
respectively.
SECTION 3. To ensure efficiency and
equitable treatment, awarding of contracts shall be done through
public/open competitive bidding unless another type of procurement
method is necessary as prescribed under the implementing rules and
regulations of this EO.
SECTION 4. There shall be a
Prequalification, Bid and Award Committee which shall be responsible for
the conduct of bidding in each and every agency, subdivision and
instrumentality of the National Government including Government-Owned or
Controlled Corporations to be composed of the
following:
Chairman — At least
third ranking official of the
barangay
Executive Officer and
Secretary — Legal Officer of the
Agency
Members — One (1) regular
technical member and at least two (2) provisional members with knowledge
of the project who shall be designated by the head of the agency
concerned.
Observer — One (1)
representative from the Commission of
Audit
Private Sector
Representatives — One (1) representative each
from:
Philippine Chamber of Commerce
Industry
End-user group or non-government
organization to be designated by the Head of office/agency/corporation
concerned
— Both representatives shall serve only as
observers.
SECTION 5. The primary function of the
Committee shall be:
1.
conduct bidding;
2.
evaluate bidding results; and
3. recommend award of contract.
SECTION 6.
The Committee on Infrastructure (INFRACOM) of the NEDA Board shall,
subject to the approval of the President, formulate and promulgate the
rules and regulations to implement the provisions of this Executive
Order.
SECTION 7. All Presidential directives,
issuances, orders, rules and regulation or parts thereof inconsistent
with this Executive Order are hereby repealed or modified
accordingly.
SECTION 8. If any provision of this
Executive Order and its implementing rules and regulations is held
invalid, the other provisions not affected thereby shall remain valid
and continue in operation.
SECTION 9. This Executive
Order shall take effect immediately.
Adopted: 19 Feb.
1996
(SGD.)
FIDEL V.
RAMOS
President
By
the President: