Role of Oversight Bodies and Civil Society Organizations in Philippine Public Procurement Gladys Honey F. Selosa ANSA-EAP

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


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











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,


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


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.



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











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











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











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











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.

Documents

Role of Oversight Bodies and Civil Society Organizations in Philippine Public Procurement Gladys Honey F. Selosa ANSA-EAP