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Philippine Supreme Court Circulars

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This web page features the full text of
Memorandum Order No. 36-2004

MEMORANDUM ORDER NO. 36-2004

REORGANIZING, RECONSTITUTING AND STRENGTHENING THE UNIFORM COMMITTEE AS THE BIDS AND AWARDS COMMITTEE FOR OFFICE UNIFORMS FOR THE SUPREME COURT, THE PRESIDENTIAL ELECTORAL TRIBUNAL AND THE LOWER COURTS IN ACCORDANCE WITH REPUBLIC ACT NO. 9184.

WHEREAS, by tradition, the Uniform Committee implements and decides on matters relative to the selection of office uniforms in the Supreme Court (SC), the Presidential Electoral Tribunal (PET) and the lower courts (LCs) and formulates guidelines on the wearing of office uniforms in accordance with Civil Service rules and regulations.

WHEREAS, on 26 January 2003, Republic Act No. 9184 (Government Procurement Reform Act) took effect and repealed all laws, decrees and issuances relative to the procurement of goods, consulting services and contracting for infrastructure projects. Section 11 of R.A. No. 9184 provides that the Bids and Awards Committee shall have "at least five (5) members, but not more than seven (7) members." Section 11.2.1 of Rule V of the Implementing Rules and Regulations of Republic Act No. 9184 provides that the same Committee shall be composed of the following:

Section 11. The BAC and its...composition

11.2.1   National Government agencies, departments, bureaus, offices, or instrumentalities of the Government, including the judiciary and legislative branches, constitutional commissions, SUCs, GOCCs, and GFIs:

Regular Members:

1.       Chairman, who is at least a third ranking permanent official of the procuring entity;

2.       An officer, who is at least a fifth ranking permanent official, with knowledge, experience and/or expertise in procurement who, to the extent possible, represents the legal or administrative area of the procuring entity, provided that in the case of bureaus, regional offices and sub-regional/district offices, BAC members shall be at least a third ranking permanent personnel;

3.       An officer, who is at least a fifth ranking permanent official, with knowledge, experience and/or expertise in procurement who, to the extent possible, represents the finance area of the procuring entity, provided that in the case of bureaus, regional offices and sub-regional/district offices, BAC members shall be at least a third ranking permanent personnel;

Provisional Members:

4.        An officer who has technical expertise, relevant to the procurement at hand, and, to the extent possible, has knowledge, experience and/or expertise in procurement; and

5.   A representative from the end user unit who has knowledge of procurement laws and procedures.

The members of the BAC, including the Chairman and the Vice-Chairman, shall be designated by the head of the procuring entity. Moreover, the Vice-Chairman shall be a regular member of the BAC. For purposes of this IRR, the term "permanent" shall refer to a plantilla position within the procuring entity concerned. (Emphasis supplied).

WHEREAS, Section 11 of R.A. No. 9184 also provides that a procuring entity may have "separate BACs where the number and complexity of the items to be procured shall so warrant."

WHEREAS, Section 14 of R.A. No. 9184 authorizes the creation of the BAC Secretariat to assist the BAC in the performance of its functions, thus :

Section 14. BAC Secretariat

14.1   The head of the procuring entity shall create a Secretariat which will serve as the main support unit of the BAC.  He may also designate an existing organic office within the said procuring entity to serve as Secretariat.  However, to strengthen and promote the professionalization of the organizations' procuring unit, he may reorganize this unit by designating it as BAC Secretariat and redeploying appropriate existing personnel to it to perform this function, as well as procurement related task. The Secretariat shall have the following functions and responsibilities:

1.   Provide administrative support to the BAC;

2.   Organize and make all necessary arrangements for the BAC meetings;

3.   Attend BAC meetings as Secretary;

4.   Prepare Minutes of the BAC meetings;

5.   Take custody of procurement documents and be responsible for the sale and distribution of bidding documents to interested bidders;

6.   Assist in managing the procurement processes;

7.   Monitor procurement activities and milestones for proper reporting to relevant agencies when required;

8.   Consolidate PPMPs from various units of the procuring entity to make them available for review as indicated in Section 7 of this IRR-A;

9.   Make arrangements for the pre-procurement and pre-bid conferences and bid openings; and

10. Be the central channel of communications for the BAC with end users, PMOs, other units of the line agency, other government agencies, providers of goods, civil works and consulting services, and the general public.

14.2   The head of the Secretariat in central offices shall be at least a fifth ranking permanent employee or, if not available, a permanent official of the next lower rank; or shall be at least a third ranking permanent employee in bureaus, regional offices and sub-regional/district offices, or if not available, a permanent employee of the next lower rank.

14.3   To expedite the procurement process, the head of the procuring entity shall ensure that the members of the BAC and TWG shall give utmost priority to BAC assignments over all other duties and responsibilities, until the requirements for the said assignments at hand are completed.

WHEREAS, there is, accordingly a need to reconstitute the existing Uniform Committee to function primarily as the Bids and Awards Committee (BAC) for the procurement of the office uniforms of the officials and employees in the SC, PET and the LCs.

NOW, THEREFORE, in compliance with R.A. No. 9184, the existing Uniform Committee is hereby reconstituted as the BAC for Office Uniforms.

1.      For the SC and the PET, the BAC shall be composed of the following:

Chairperson

-

Atty. Eden T. Candelaria

Office of Administrative Services, SC

Vice Chairperson$$$$$$$

-

Ms. Noreen D. Salas

Office of the Chief Justice

Regular Members

-

Atty. Ma. Luisa D. Villarama

Assistant Clerk of Court

ACA Carlos L. de Leon

Office of the Court Administrator

Mrs. Estrella D. Eje

Fiscal Management and Budget Office

Provisional Members

-

A male representative from the SCALE

 

-

A male representative from the SCEA

2.  For the LCs, Court Administrator Presbitero J. Velasco, Jr., shall recommend the officers, members and secretariat of the BAC, with one officer coming from the Office of the Chief Justice.

3.  The BAC for the SC and PET and the BAC for the LCs shall likewise attend to all administrative needs in so far as the wearing of office uniforms is concerned.

4.  The officers and members of the BAC for the SC and PET and the BAC for the LCs shall serve for term of one year reckoned from the date of approval of this Memorandum in accordance with Section 11 of R.A. No. 9184.

5.  The Secretariat, composed of a Recording Secretary, one Assistant Recording Secretary, and a Messenger/Assistant shall all be designated by the designated Chairpersons.

6.  In accordance with Section 13 of R.A. No. 9184, a representative of the Commission on Audit and two (2) other observers from the garments industry or from the uniform makers' association shall be invited for purposes of ensuring transparency in all the stages of the selection and procurement of office uniforms.

Issued this 2nd day of July 2004.


HILARIO G. DAVIDE, JR.
Chief Justice
Chairman, First Division



REYNATO S. PUNO              JOSE C. VITUG
    Associate Justice                Associate Justice
      Chairman, Second Division          Chairman, Third Division



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