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Republic of the Philippines

DEPARTMENT OF FINANCE Roxas Boulevard Corner Pablo Ocampo, Sr. Street Manila 1004

DEPARTMENT ORDER NO. 11 - 05 21 April 2005 In the exigency of public service and pursuant to Sections 11 and 14 of Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act" and its Implementing Rules and Regulations- A (IRR-A) and National Computer Center Memorandum Circular No. 2004-01 dated 07 June 2004, the DOF- Bids and Awards Committee (DOF-BAC) is hereby reconstituted as follows:

BIDS AND AWARDS COMMITTEE Regular Members:

Gil S. Beltran Assistant Secretary

Chairman

Lourdes Z. Santiago Director IV

Member

Ma. Lourdes V. Dedal Director IV

Member

Helena B. Habulan Executive Director

Member

Director IV Ma. Edita Z. Tan Director IV

Member

Provisional Member: Representative from the End-user Group Observers: Representative from the Commission on Audit Representative from the Philippine Chamber of Commerce And Industry (PCCI) Representative from Procurement Watch, Inc. Representative, DOF Management Services Division

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Technical Working Group: Eutiquia C. Mutiangpili Budget Officer V

Chairman

Michaelangelo G. Aguinaldo Information Technology Officer II

Member

Lorna M. Jacinto Accountant IV

Member

Secretariat: Lorraine C. Sanchez Management and Audit Analyst V

Head

Lilia R. Tan Administrative Officer V

Member

Eusebia P. Guevarra Administrative Officer IV

Member

RESPONSIBILITIES:

Supervisors: To complete the procurement process within the prescribed period mandated by law, the concerned Supervisors are hereby enjoined to lend support to the BAC, by temporarily relieving their respective BAC-designated subordinates of their regular functions. Provided, however, that the concerned Supervisors shall be duly notified at least two (2) days before the scheduled BAC meetings.

Bids and Awards Committee (BAC): The Bids and Awards Committee shall ensure compliance with the principles governing all government procurement activities i.e. that each procurement transaction is transparent, competitive, fair and equitable among bidders and that all DOF officials

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and employees directly or indirectly involved in each of the procurement process up to the implementation of contracts, are held accountable. As such, the BAC shall: 1.

Recommend to the Finance Secretary or his duly delegated approving authority/contract signing authority, the method of procurement of the goods, consulting services, infrastructure projects included in the Annual Procurement Plan, i.e. whether to use public bidding or any of the alternative modes of procurement;

2.

Conduct competitive or public bidding in the procurement of goods, consulting services and infrastructure projects;

3.

Use any of the alternative modes of procurement, subject to prior written clearance/approval by the Finance Secretary or his duly delegated approving authority/contract signing authority on the procurement transaction at hand;

4.

Exercise the sole authority to receive and open bids, proposals, sealed quotations, tenders and other similar documents duly signed and submitted by a bidder in response to the invitation to bid, regardless of the procurement mode used.

5.

Evaluate bids, proposals, quotations and other tenders with the assistance of the TWG;

6.

Undertake post-qualification proceedings, with the assistance of the TWG;

7.

Invite the Observers required by law to be present during all stages of the procurement process;

8.

Resolve motions for reconsideration filed by prospective bidders and other concerned parties with respect to the conduct of the procurement process;

9.

Recommend award of contracts to the Finance Secretary or his duly delegated approving authority/contract signing authority;

10.

Shall give utmost priority to BAC assignments and meetings over all other duties and responsibilities, until the requirements for the procurement at hand are completed, and shall perform jury duty when so required;

11.

Recommend approval to Finance Secretary or his duly delegated approving authority/contract signing authority, the Annual Procurement Plan (APP) which is the consolidated Project Management Procurement Plan (PPMP) submitted by the various groups/offices/divisions. The approved APP shall conform with the Department's Agency Budget Matrix (ABM); and

12.

Recommend approval to the Finance Secretary or his duly delegated approving authority/contract signing authority, the updated APP. Updating of the APP shall be undertaken at least once every six (6) months or as often as necessary. The approved revised/updated APP shall conform with the Department's ABM.

Technical Working Group (TWG): The TWG shall provide assistance to the BAC in terms of technical, financial legal and other aspects of the procurement at hand. As such, the TWG shall: 1

Assist the BAC in the preparation of the bidding documents, ensuring that the same properly reflects the requirements of the Procuring Unit and that these conform to the standards set forth by RA 9184, its IRR-A and the Standard Bidding Documents prescribed by the Government Policy Procurement Board;

2.

Assist the BAC in the conduct of eligibility screening of prospective bidders, and in the short-listing of prospective bidders in case of biddings for consulting services;

3.

Assist the BAC in the evaluation of bids and prepare the accompanying reports for the BAC's consideration and approval;

4.

Assist the BAC in the conduct of post-qualification activities and prepare the post-qualification report for the BAC's approval;

5.

Give utmost priority to BAC assignments over all other 'duties and responsibilities, until the requirements for the procurement at hand are completed, and shall perform jury duty when so required; and

6.

Assist the BAC Secretariat in the consolidation of the Project Procurement Management Plans submitted by the PMOs/end-user units, ensuring that each PPMP conform with the end-user unit's budget proposal and the ABM.

BA C Secretariat: The BAC Secretariat shall assist the BAC in managing the procurement process by ensuring that each procurement transaction is completely and properly documented and to provide an audit trail of the entire procurement process. As such, the BAC Secretariat shall: 1.

Maintain a Document Tracking System such that the responsibilities of each official and employee involved in all stages of the procurement process are clearly and legally identifiable;

2.

Organize and make all necessary arrangements for the pre-procurement and prebid conferences and openings of sealed bids/proposals/quotations/tenders/offers;

3.

Send out written notices for and serve as Secretary in BAC meetings;

4.

Prepare the minutes of the BAC meetings for approval/signature of the BAC members;

5.

Take custody and physical possession of all unopened and opened procurementrelated documents such as bids, proposals, quotations, tenders/offers), and be responsible for the sale of bidding documents to interested buyers;

6.

Assist the BAC in preparing Resolution recommending award of contracts;

7.

Consolidate and submit to the BAC-TWG, the Project Procurement Management Plans (PPMPs) submitted by each of the various Project Management Offices/End-user Units into the Department's Annual Procurement Plan (APP), within five (5) calendar days from receipt of the last submitted PPMP; and

8.

Serve as the central channel of communications for the BAC with end-users, providers of goods, civil works and consulting services.

All orders and issuances or parts thereof inconsistent with this Department Order are hereby revoked or modified. This Order takes effect immediately and all concerned officials and employees shall be guided accordingly.

CESAl lYUITISIMA Acting Secretary Cv r- o 524- vor/acaa

"ANNEX A'

TERMS OF REFERENCE FOR THE DESIGNATION OF THE DOF - BIDS AND AWARDS COMMITTEE (BAC) The Department Order reconstituting the DOF-Bids and Awards Commi{te^ (BAC) complies with the provisions of Sections 11.2 and 13 of IRR-A of RA 9184 and its IRR-A and National Computer Center Memorandum Circular No. 2004-01 dated 07 June 2004, as f llows. Composition The BAC shall have at least five (5) members, but not more .than , members, composed of the following: 1.1 1.2 1.3 1.4 2.

Chairman Vice-Chairman who shall be a Regular Member to be elected by the Committee Regular Members Provisional Member/s

Qualifications.

2.1

The Chairman shall be at least a third-ranking permanent official. In National Government Agencies (NGA), the, Assistant Secretary is the third ranking permanent (career) official.

2.2

The Regular member shall be an officer who is at least a fifth-ranking p rmanent official, with knowledge, experience or expertise in procurement; and to the extent possible, represents the legal or administrative area of the procuring entity. In NGAs, the fifth-ranking ranking official (counted from the Heady is the

Assistant Director (Director III). 2.3

Provisional Member shall be an officer who is a representative from the nd-user unit who has technical expertise relevant to the procurement at hand, an , to the extent possible, has knowledge of procurement laws and procedures.

Designation by the Head of the Procuring Entity. The members of the BAClshall be designated by the head of the procuring entity. In no case shall the approving authority be a member of the BAC. I