Role of Oversight Bodies and Civil Society Organizations in Gladys Honey F. Selosa Philippine Public ANSA-EAP Procurement
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
Oversight Agencies DBM CSC GPPB COA OMB Operations Local Government Units National Government (Sub-National) Agencies Local Chief Executives • Head of the Procuring • Bids and Awards entity • Committee Bids and Awards • Technical working group • Committee BAC Secretariat Technical working group • • Budget and Supply Officers • BAC Secretariat • End Users Budget and Supply Officers • • End Users • Civil Society Organizations / Beneficiaries / Business Groups
Oversight Agencies DBM – Department of Budget and Management CSC – Civil Service Commission GPPB – Government Procurement Policy Board COA – Commission Audit OMB – Ombudsman
The roles and responsibilities of different oversight bodies in Philippine Public Procurement
Department of Budget and Management Organization Chart Attached Office of Internal Agency the Audit Secretary Service GPPB Source: dbm.gov.ph
Composition of the Government Procurement Policy Board (GPPB) Chairman - Secretary of the DBM Alternate Chairman - Director-General of NEDA Members - 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
Oversight Agencies DBM CSC GPPB COA OMB Operations Local Government Units National Government (Sub-National) Agencies Local Chief Executives • Head of the Procuring • Bids and Awards entity • Committee Bids and Awards • Technical working group • Committee BAC Secretariat Technical working group • • Budget and Supply Officers • BAC Secretariat • End Users Budget and Supply Officers • • End Users • Civil Society Organizations / Beneficiaries / Business Groups
Government Procurement Policy Board (GPPB) The Policy authority on Public Procurement 1. (a) regulate procurement processes, (b) formulate policy, rules and regulations,
Government Procurement Policy Board (GPPB) 2. Monitor of implementation of GPRA a. Monitor submission of Annual Procurement Plans of the Procuring Entities b. Monitor submission of Procurement Monitoring Reports of Observers Update Blacklisted Suppliers and Constructors c. d. Maintain a list of CSOs and list of observers e. 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
Government Procurement Policy Board (GPPB) 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) 6. Ensure that there’s an efficient grievance mechanism Reduces risks in procurement Provide avenue to air one’s concern Promote constructive engagement between stakeholders Ensure that complaints are reviewed properly Ensure that complaints are acted on
Oversight Agencies DBM CSC GPPB COA OMB Operations Local Government Units National Government (Sub-National) Agencies Local Chief Executives • Head of the Procuring • Bids and Awards entity • Committee Bids and Awards • Technical working group • Committee BAC Secretariat Technical working group • • Budget and Supply Officers • BAC Secretariat • End Users Budget and Supply Officers • • End Users • Civil Society Organizations / Beneficiaries / Business Groups
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.
Oversight Agencies DBM CSC GPPB COA OMB Operations Local Government Units National Government (Sub-National) Agencies Local Chief Executives • Head of the Procuring • Bids and Awards entity • Committee Bids and Awards • Technical working group • Committee BAC Secretariat Technical working group • • Budget and Supply Officers • BAC Secretariat • End Users Budget and Supply Officers • • End Users • Civil Society Organizations / Beneficiaries / Business Groups
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
Oversight Agencies DBM CSC GPPB COA OMB Operations Local Government Units National Government (Sub-National) Agencies Local Chief Executives • Head of the Procuring • Bids and Awards entity • Committee Bids and Awards • Technical working group • Committee BAC Secretariat Technical working group • • Budget and Supply Officers • BAC Secretariat • End Users Budget and Supply Officers • • End Users • Civil Society Organizations / Beneficiaries / Business Groups
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
Oversight Agencies DBM CSC GPPB COA OMB Operations Local Government Units National Government (Sub-National) Agencies Local Chief Executives • Head of the Procuring • Bids and Awards entity • Committee Bids and Awards • Technical working group • Committee BAC Secretariat Technical working group • • Budget and Supply Officers • BAC Secretariat • End Users Budget and Supply Officers • • End Users • Civil Society Organizations / Beneficiaries / Business Groups
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 Demystificatio Dissemination n Collective Disclosure action Information Source:ansa-sa
Collective action Freedom of Awareness Information campaign Rights Media education 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
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