What is Procurement? refers to the acquisition of goods, consulting services, and the contracting for infrastructure projects by procuring entity. (Sec. 5(aa), IRR, R.A. 9184) Goods and Services Items, supplies, materials & general support services, except consulting services & infra projects, which may be needed in the transaction of public businesses or in the pursuit of any government undertaking. Includes, but is not limited to the following: a) equipment, b) furniture, c) stationery, d) materials for construction, e) personal property of any kind, f) non-personal or contractual services, i. repair & maintenance of equipment and furniture ii. trucking, hauling, and courier iii. janitorial, security and manpower Goods and Services Related or analogous services shall include, but not limited to the following: a) lease or purchase of office space b) media advertisements c) health maintenance services d) other services essential to the operation of the procuring entity i. rental of venues and facilities ii. catering services iii. lease of computers, copiers and other information technology equipment Infrastructure Projects Construction Improvement Rehabilitation Demolition Repair Restoration Maintenance Roads and bridges Railways Airports and seaports • Communication facilities • Civil works components of IT projects • Irrigation • • • • • • • • • • • Flood control and drainage • Water supply • Sanitation • Sewerage and solid waste management systems • Shore protection • Energy/power and electrification facilities • Buildings (National, School, Hospital) • Other related construction projects What is Consulting Service? Services for infrastructure projects and other types or activities of the Government requiring adequate external, technical and professional expertise that are beyond the capability and/or capacity of the Government to undertake, such as: a) b) c) d) e) f) advisory and review services; pre-investment or feasibility studies; design; construction supervision; management and related services; or other technical services or special studies. When Consulting Service is needed? Projects or related activities of such magnitude and/or scope as would require a level of expertise or attention beyond the optimum in-house capability Why is procurement planning important? to avoid: wastage of government funds possible criminal liabilities procurement delays possible COA disallowances suspension of officials The Commission on Audit has noted that “shopping” was frequently used in the procurement of goods and services in the City Government of Bogo (Cebu) due to the absence of an Annual Procurement Plan in violation of Republic Act 9184. COA, in its 2012 audit report on the financial transactions of the city, said that the LGU made procurements in violation of the Section 7 of the IRR of the law. Audit disbursements for various procurement of the city revealed the non-use of an APP. COA recommended that the City Administrator direct the BAC Secretariat to consolidate the procurement plans of all the departments in accordance with the provisions of the law. (Source: The Freeman, September 1, 2013) Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 10 The Office of the Ombudsman has found 3 Comelec officials guilty of simple neglect of duty, simple misconduct and conduct prejudicial to the best interest of the service in connection with the planned purchase of P690 million worth of ballot secrecy folders in 2010. They were ordered suspended for six months without pay. The Ombudsman said as a general rule there should be public bidding, and this could only be done away with if several conditions are met. In awarding the contract to OTC, the BAC had said there was already a delay in the procurement of non-accountable forms, which was why no public bidding was held. (Source: The PDI online, August 25, 2011) Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 11 PNP chopper mess: Ombudsman affirms ruling dismissing 14 police officers, suspending 6 others who participated in the whole procurement process. The Office of the Ombudsman's Special Investigating Panel found among other things that: (i) MAPTRA did not possess the technical and financial eligibility required by law; (ii) MAPTRA delivered only one brand new Robinson Raven II LPOH while the two delivered Robinson Raven I LPOHs were actually pre-owned by the former FG Arroyo, and/or non-compliant with the set requirements such as endurance/ventilating system and valid/existing engine warranties, causing undue injury to the government in the amount of at least P34,632,187.50 representing the overpriced figure; (iii) PNP entered into the helicopter supply contract with MAPTRA even before the completion of the post-qualification process; and (iv) MAPTRA was just a marketing arm and not the authorized dealer of brand new R44 Raven 1 units. Aside from administrative sanctions, the respondents are also facing criminal charges before the Sandiganbayan. (Source:By: Jaime Sinapit, InterAksyon.com November 22, 2012) Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 12 The Sandiganbayan has sentenced a town mayor of Davao del Sur to a maximum of 10 years in jail for purchasing a generator worth more than P1.6 million that later proved to be useless. The machine valued at P1,694,787.30 was supposed to supply electricity to the Municipal Hall of Jose Abad Santos but it was never used because its features were found to be incompatible with the building’s existing electrical wirings. The Office of the Ombudsman filed charges against the mayor for making the purchase without the conduct of a technical engineering study or a project design to determine its viability. (Source: PhilStar.com, Oct. 13, 2009) Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 13 Two lawmakers have sought to stop the bidding for the supply of eight fire trucks valued at P50 million even as they have point to the alleged anomaly in the Bureau of Fire Protection’s plan to purchase 150 more fire trucks that will entail billions of pesos in public funds. Cong. Palmones, whose party advocates the promotion of science and local inventions to include Philippine-made fire trucks, earlier filed a resolution calling for an investigation on the fire bureau’s “questionable circumstance behind the change of the technical specifications” of the trucks to be bidded out and which allegedly tended to favor foreign-made fire trucks. (Source: Manila Standard Today, Jul 25, 2011) Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 14 Allegations of government officials asking for kickbacks from ZTE officials hounded the awarding of the $329-million construction contract to the Chinese telecommunications firm in 2007 for the proposed government-managed National Broadband Network (NBN). Then-President Gloria Macapagal-Arroyo had to cancel the contract after the issue broke out and became the subject of congressional inquiries. (Source: GMA News Online Sept 1, 2011) Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 15 Section 7, R.A. No. 9184: All procurement should be within the approved budget of the Procuring Entity; Should be meticulously and judiciously planned by the Procuring Entity concerned; Only those considered crucial to the efficient discharge of governmental functions shall be included in the Annual Procurement Plan (APP). Section 7, R.A. No. 9184 (cont.): No government Procurement shall be undertaken unless it is in accordance with the approved APP of the Procuring Entity; • The APP shall be approved by the Head of the Procuring Entity (HOPE) and must be consistent with its duly approved yearly budget; • The APP shall be formulated and revised only in accordance with the guidelines set forth in the IRR. • APP should be maintained and updated regularly In the consolidation of PPMPs, the BAC may adopt a strategy through which similar items of procurement are packaged into one procurement undertaking and under a single PPMP, in which the original PPMPs shall be consolidated and revised. A review and updating of the individual PPMPs and the APP shall be done regularly, at least once every 6 mos. or as often as necessary; End-user Units Budget Office • At the start of budget preparation period, prepare respective proposed budgets for the budget year; • Prepare respective PPMPs for different programs, activities, and projects (PAPs) and submit to the procuring entity’s Budget Office. • Evaluates each end-user’s submitted PPMP and, if warranted, include in the budget proposal for approval by the HOPE; • Furnish copy of budget proposal, after HOPE approval, and corresponding PPMPs to the BAC Secretariat for review and consolidation into proposed APP. • Consolidates the different PPMPs into the proposed APP; • Finalize the APP, including the modes of procurement, as soon as the GAA, corporate budget, or appropriation ordinance is approved, for BAC/ Secretariat approval by the HOPE. *PPMP – Project Procurement Management Plan *APP – Annual Procurement Plan 3/12/2016 19 PROCUREMENT PLANNING End User Budget Office Prepare PPMP Evaluate PPMP and include in budget proposal Revise PPMP BAC Sec / BAC Approving Authority Review and consolidate PPMP into APP Approve GAA/ Corporate Budget/ Ordinance Finalize procurement mode HOPE or 2nd in rank approves APP *PPMP – Project Procurement Management Plan *APP – Annual Procurement Plan Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 23 Prospective Trainers' Orientation, Seminar and Workshop on 3/12/2016 24 Form A Procurement of common use Supplies, Materials and Equipment (SME) from Procurement Service, DBM (PS,DBM) Form B Procurement of SMS not available from PS, DBM Form C Goods and Services for Programmed Projects Procurement Planning Reminders: Must be in accordance with the existing accounting and auditing rules and regulations. Procurement Planning Reminders: Guidelines for the Prevention and disallowance of Irregular Unnecessary Excessive Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 Irregular Expenditures The term “irregular expenditure” signifies an expenditure incurred without adhering to established rules, regulations, procedural guidelines, policies, principles or practices that have gained recognitions in laws. incurred if funds are disbursed without conforming with prescribed usages rules and discipline. A transaction conducted in a manner that deviates or departs from, or which does not comply with standards set Guidelines for the Prevention and disallowance of Irregular, Unnecessary, Excessive, Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 GAAM , NGAS, PD1445 Unnecessary Expenditures The term pertains to expenditures which could not pass the test of prudence or the diligence of a good father of a family. Thereby denoting nonresponsiveness to the exigencies of the service. Unnecessary expenditures are those not supportive of the implementation of the objectives and missions of the agency relative to the nature of its operation. An expenditure that is not essential or that which can be without loss or damage to property. The mission and the thrusts of the agency incurring the expenditures must be considered in determining whether or not an expenditure is necessary. Guidelines for the Prevention and disallowance of Irregular, Unnecessary, Excessive, Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 GAAM , NGAS, PD1445 Excessive Expenditures The term “excessive expenditures” signifies unreasonable expense or expenses incurred at an immoderate quantity and exorbitant price. It also includes expenses which exceeds what is usual or proper, as well as expenses which are unreasonable high and beyond just measure or amount. They also include expenses in excess of reasonable limits. Guidelines for the Prevention and disallowance of Irregular, Unnecessary, Excessive, Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 GAAM , NGAS, PD1445 Extravagant Expenditures The term “ extravagant” signifies those incurred without restraint, judiciousness and economy. Extravagant expenditures exceed the bounds of propriety. The expenditures are immoderate, prodigal, lavish, luxurious, grossly excessive and injudicious. Guidelines for the Prevention and disallowance of Irregular, Unnecessary, Excessive, Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 GAAM , NGAS, PD1445 Unconscionable Expenditures The term “unconscionable expenditures” pertains to expenditures which are unreasonable and immoderate, and which no man in his right sense would make, nor a fair and honest man would accept as reasonable, and those incurred in violation of ethical and moral standards. Guidelines for the Prevention and disallowance of Irregular, Unnecessary, Excessive, Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 GAAM , NGAS, PD1445 Cases that are considered “Irregular” Honoraria paid to member of Bids and Awards (BAC) Committe and Technical Working Group (TWG) in excess of the rates provided under DBM Circular No. 2004-5A dated October 7, 2005 and for the procurement activities pertaining to the contracts not yet awarded to the winning bidder (Joseph Peter Sison, et.al. Vs. Rogelio Tablang, et al.. . . GR No. 177011 dated June 5, 2009) Guidelines for the Prevention and disallowance of Irregular, Unnecessary, Excessive, Extravagant or Unconscionable (IUEEU) expenditures or uses of government funds and properties (COA Circular 2012-003 dated 11/29/2012 GAAM , NGAS, PD1445 Cases that are considered “Irregular expenditure” Expenses for advertisements of anniversaries, etc. In news papers, TV or radio merely for publicity or propaganda purposes except when the nature of the agency’s mission would require such expenses as in the case of promotion of trade and business Cases that are considered “Unnecessary expenditure” Hiring of consultants rendering services not aligned/related to the mandate/thrusts of the hiring Agency and/or the agreed consultancy period including renewals. Construction of buildings and/or procurement of equipment not actually needed or without any intended purpose, not completed and could not be properly maintained or operations sustained. Continuous repair of vehicles and equipment already considered beyond economical repair as evidenced by frequent breakdown and non-use after repair. Cases that are considered “Excessive expenditure” Overpricing of purchases, characterized by grossly exaggerated or inflated quotations, in excess of the current and prevailing market price by a 10% variance from the purchased item. Payment of repair of government equipment at a cost exceeding 30% of the current market price of the same or similar equipment. Provision of mobile phone, whether postpaid line subscription or prepaid, in excess of one unit for each entitled officials which should not be lower than Division Chief rank. Cases that are considered “Extravagant expenditure” Purchase of wines, liquors, cigars and cigarettes, except when served during state functions and government-sponsored international conferences and conventions. Payment for rent of expensive halls or rooms in luxury hotels or restaurant used for meetings/seminars and other official functions. Conduct out -of-town meeting which can be made within the office premises. Procurement and use of luxury vehicles by government officials, except those allowed under Section 6 of AO No.3 issued February 27, 2001 Cases that are considered “Unconscionable expenditure” Live-in seminar in five star hotels which significant number of participants and unreasonable period of time. Overpricing in significant amount exceeding 100% of the current and prevailing market value What do we do if we don’t know the specifications of the item we need to procure? The End-user is responsible for the terms of reference, specifications and all the details about the item they needed. The end-user may request assistance from the people who have knowledge about the item/project. The Technical Working Group (evaluators) that could share their expertise and knowledge. The Procurement Office can also recommend possible sources or suppliers who have expertise about the item. The procurement office must maintaine suppliers registry Whatever the end-user and TWG have agreed upon: prepare Market Analysis (Supported by at least three quotations) then attach it to your Project Procurement Management Plan (PPMP). indicate the general description of the item that you are requesting for. Major Specifications, such as product usage, size, features that you are looking for, number of people who will use it and where the item will installed or connected, must be indicated in the PPMP. The Procurement Office will use this information in preparation of Annual Procurement Plan (APP). Dr. Carina S. Cruz caring_momwid6kids@yahoo.com 926.62.56 23rd Floor DILG NAPOLCOM Center Edsa corner Quezon Avenue, West Triangle, Quezon City