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repealed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
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Atty. Eden
T. Candelaria
Office of
Administrative Services, SC
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Vice Chairperson$$$$$$$
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Ms. Noreen
D. Salas
Office of the
Chief Justice
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Regular Members
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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
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Provisional
Members
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A
male representative from the SCALE
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A
male representative from the SCEA
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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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