Role of Oversight Bodies and Civil Society Organizations in Philippine Public Procurement
Gladys Honey F. SelosaANSA-EAP
Procurement Process
GPRA Sec. 38. The procurement process from the opening of bids up to the award of contract shall not exceed three (3) months, or a shorter period to be determined by the procuring entity concerned.
Public Procurement
is the acquisition of RIGHT product, at the RIGHT cost, RIGHT quantity, RIGHT quality, delivered at the RIGHT time in the RIGHT place to the RIGHT users or beneficiaries.
What is Oversight?• Management by overseeing the
performance or operation of a certain program, project or activity
Operations
National Government Agencies
• Head of the Procuring entity
• Bids and Awards Committee
• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Local Government Units(Sub-National)
• Local Chief Executives• Bids and Awards
Committee• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies
OMBGPPB COADBM CSC
Oversight AgenciesDBM – Department of Budget and
ManagementCSC – Civil Service CommissionGPPB – Government Procurement
Policy Board COA – Commission AuditOMB – Ombudsman
The roles and responsibilities of different
oversight bodies in Philippine Public
Procurement
Department of Budget and
ManagementOrganization Chart
Attached AgencyGPPB
Office of the
Secretary
Internal Audit
Service
Source: dbm.gov.ph
Composition of the Government Procurement Policy Board (GPPB)
Chairman - Secretary of the DBMAlternate Chairman - Director-General of NEDAMembers - Secretaries of the DPWH, DOF, DTI, DOH,
DND, DepEd, DILG, DOST, DOTC and DOE or their duly authorized representatives, and a representative from the private sector to be appointed by the President upon recommendation of the GPPB.
Resource Persons – COA and DOJ representatives
Department of Budget and Management (DBM)
General oversight particularly on budget matters. (IRR 63.1) Ensuring that Procurement is linked to the Public
Finance Management systems. Monitor the issuance of the contracts vs the
approved budget. • Executive Order 55 – automation of Financial
Management Systems• Government Integrated Financial Management
Information System (GIFMIS) – a reporting system that captures budget utilization and identifies variances
Operations
National Government Agencies
• Head of the Procuring entity
• Bids and Awards Committee
• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Local Government Units(Sub-National)
• Local Chief Executives• Bids and Awards
Committee• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies
OMBGPPB COADBM CSC
Government Procurement Policy Board (GPPB)
1. The Policy authority on Public Procurement(a) regulate procurement processes, (b) formulate policy, rules and regulations,
Government Procurement Policy Board (GPPB)
2. Monitor of implementation of GPRAa. Monitor submission of Annual Procurement
Plans of the Procuring Entities
b. Monitor submission of Procurement Monitoring Reports of Observers
c. Update Blacklisted Suppliers and Constructorsd. Maintain a list of CSOs and list of observerse. Monitor the performance of constructors and
post the result of Constructors Performance Evaluation Summary
Government Procurement Policy Board (GPPB)
3. Evaluate of the effectiveness of RA 9184 and recommend any amendments thereto, as may be necessary.
• Agency Procurement Compliance and Performance Indicator (APCPI) System• The standard procurement monitoring,
assessment and evaluation tool that determines the procuring entities strengths and weaknesses
Source: gppb.gov.ph
4. Maintain and promote the use of e-procurement to attain efficiency, economy and accountability in the procurement process, and 5. Maintain capacity building by improving the professionalism of the procurement function within the civil services.
Government Procurement Policy Board (GPPB)
Government Procurement Policy Board (GPPB)
6. Ensure that there’s an efficient grievance mechanism
Reduces risks in procurementProvide avenue to air one’s concernPromote constructive engagement
between stakeholdersEnsure that complaints are reviewed
properlyEnsure that complaints are acted on
Operations
National Government Agencies
• Head of the Procuring entity
• Bids and Awards Committee
• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Local Government Units(Sub-National)
• Local Chief Executives• Bids and Awards
Committee• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies
OMBGPPB COADBM CSC
Civil Service Commission (CSC)
The authority to evaluate all government personnel
Regularly conduct performance evaluation of procurement personnel and ensure that the system is linked to the competency standards and qualification requirements that will be established under the professionalization program and approved by the CSC.
Operations
National Government Agencies
• Head of the Procuring entity
• Bids and Awards Committee
• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Local Government Units(Sub-National)
• Local Chief Executives• Bids and Awards
Committee• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies
OMBGPPB COADBM CSC
Commission on Audit (COA) The external auditor of Public Procurement
Ensure that an internal audit of procurement activities are being done by the resident auditors
Monitor and enforce the audit findings, compliance to the Procurement law, and anti-corruption laws
Issue Guidelines for the internal audit of procurement processes, and train auditors on this manual.
Conduct forensic audit trainings
Commission on Audit (COA)
Compliance Audit – validate the compliance of procuring entities with the requirements of the Procurement law.
Citizen Participatory Audit – a value for money audit includes the process of evaluating if the procurement being audited followed the Procurement Law
Operations
National Government Agencies
• Head of the Procuring entity
• Bids and Awards Committee
• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Local Government Units(Sub-National)
• Local Chief Executives• Bids and Awards
Committee• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies
OMBGPPB COADBM CSC
Office of the Ombudsman The lead in anti-graft and corruption activities
Has database of procurement-related cases, including status of the case (e.g. filed, resolved, on-going, etc)
developed and conduct a special training programs on fraud detection for purposes of prosecution
Operations
National Government Agencies
• Head of the Procuring entity
• Bids and Awards Committee
• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Local Government Units(Sub-National)
• Local Chief Executives• Bids and Awards
Committee• Technical working group• BAC Secretariat• Budget and Supply
Officers• End Users
Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies
OMBGPPB COADBM CSC
Roles and responsibilities of Civil Society
Organizations in Public Procurement
Why the need for CSOs to have an oversight role in procurement?
Sometimes oversight agencies cannot fulfill their roles as oversight agencies
They can complement oversight bodies
Promote demand
Information
Disclosure
Demystification
DisseminationCollective
action
Source:ansa-sa
Collective action
Freedom of Information
Awareness campaign
Rights education
Media Programs
Mediate demand(a) creation and strengthening of avenues
for feedback of citizens and civil society to public officials;
(b) encouraging consultation of these actors in decision making and public actions of executive agencies; as well as
(c) formal and informal mechanisms for dispute resolution through initiatives such as interface meetings between citizens and public officials, grievance redress, and ombudsmen.
Response to demand
innovations in service delivery, response- based performance
incentives, or participatory action planning. Example: Promoting / Sustaining
participatory forums, Creative Compacts like Integrity Pacts
Monitoring to inform demand participatory monitoring (using citizen
feedback surveys of government performance, social audits, media investigations, etc.);
independent budget and policy analysis; and
formal oversight mechanisms (parliamentary committees, vigilance commissions, etc.).
Textbook Count ProjectAs of 2006, the DepED had realized a total
of Php2.6 billion in savings, with an average reduction of 50 percent in the price of textbooks that allowed achievement of a textbook-to-student ratio of 1:1.
One textbook that was being purchased for an average of PhP 100.00 came down to PhP45.00 in competitive bidding.
Impact of Reform Measures Bidding time has been cut in half, and
transparency is attained through compliance with the requirement of posting advertisement in the PhilGEPS.
Alignment with international practice improved, and the national procurement system became more widely used following the increase in the National Competitive Bidding (NCB) thresholds to US$ 1 Million for goods and US$ 5 Million for works.
Source: 2008 CPAR
SummaryThe role of the different oversight groups (government or citizens) in better public procurement performance are• Checking compliance with procurement
procedures• Monitoring the procurement system• Initiate public procurement policy• Implementation of operation pf Public
procurement system
In the past, government has
the sole responsibility to
govern. Today,
governance is the responsibility of
government, business, and civil
society.