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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 129
ADMINISTRATIVE ORDER NO. 129 -
DIRECTING THE ADOPTION AND OBSERVANCE OF STANDARD PROCESSING TIME IN
THE BIDDING AND AWARD PROCESS FOR INFRASTRUCTURE AND OTHER CONSTRUCTION
WORKS AND CONSULTING SERVICES CONTRACTS OF THE NATIONAL GOVERNMENT
WHEREAS, it has been observed that one of
the main causes of delays in the implementation of infrastructure
projects of the National Government is the failure of Government
Agencies to complete the bidding and award process for infrastructure
and other construction works and consulting services contracts within
specified time frames;
WHEREAS, it is the policy of the government to streamline existing
Government procedures in the implementation of infrastructure projects
in order to promote economy, efficiency and effectiveness in the
delivery of public services;
WHEREAS, the Committee on Infrastructure (INFRACOM) of the National
Economic and Development Authority (NEDA) Board is tasked under Section IB 10.11 of the Implementing Rules and Regulations (IRR) of
Presidential Decree No. 1594 to monitor, among others, the processing
time used for each phase of the bidding process by concerned Government
Agencies in civil work contracts involving costs of P10.0 million and
above;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by the
powers vested in me by law, do hereby order:
Section 1. Processing Time for Each Phase of the
Bidding and Award Process. — All Agencies of the National Government,
including Government-owned or -controlled corporations (GOCCs) and
their instrumentalities, are hereby mandated to observe and
adhere to the following time tables/deadlines relative to the conduct
of the bidding and award process for infrastructure and other
construction works and consulting services contracts:
a. Processing Times for Infrastructure and Other
Construction Works Contracts
BIDDING/AWARD PHASE
DEADLINE/MAXIMUM
PROCESSING TIME
—
Completion of evaluation of contractor's
— Twenty-two (22) working days from
prequalification statements the last date of
submission of
prequalification statements
— Completion
of evaluation of bids and —
Twenty-two (22) working days from
preparation
of corresponding Resolution the date of opening of
bids
of Award by
the PBAC
—
Approval/Disapproval by the appropriate
— Twenty-two (22) working days from
approving
authority of the Resolution of the date the
evaluation of bids shall
Award have been completed by the PBAC
— Issuance of
the Notice of Award to the — Five
(5) working days from the date of
successful
bidder approval by the appropriate approving
authority of
the Resolution of Award
— For foreign-assisted projects, the
approved
Resolution of Award shall be
transmitted
to the concerned foreign
financial
institution for concurrence as
may be
required under the related
loan/grant/credit/aid agreement within
five (5)
working days from the date of
approval
thereof by the appropriate
approving
authority. Likewise, the
Notice of
Award shall be issued within
five (5)
working days from the date the
concurrence
of the concerned foreign
financial
institution shall have been
secured/received
— Approval of
the Contract by appropriate — Ten
(10) working days from the date
approving
authority the successful bidder or his duly
authorized
representative shall have
executed/signed the contract with the
concerned
Government Agency/Office
— Issuance of
the Notice to Proceed (NTP) — Ten
(10) working days from the date of
approval of
the contract by the
appropriate
approving authority
b. Processing
times for Consulting Services Contracts
Bidding/Award
Phase Deadline/Maximum Processing Time
— Completion
of evaluation of technical —
Thirty-three (33) working days after the
proposals closing date for the receipt of proposals
indicated in
the invitation to submit
technical
proposals
— Submission
of results of the technical — Five
(5) working days after the
evaluation by
the PEAC to the appropriate evaluation of technical
proposals shall
approving
authority have been completed
—
Approval/Disapproval by the appropriate
— Twenty-two (22) working days after
approving
authority of the results of submission by the PEAC of
the results
evaluation of evaluation
— Notification
and invitation by the PEAC — Five
(5) working days after approval
of the
selected consultant for negotiation by the
appropriate approving authority
of the
results of evaluation/selected
consultant
— For foreign-assisted projects, the
results of
the technical evaluation
together with
the criteria used shall be
transmitted
to the concerned foreign
financial
institution for concurrence
as may
be required under the related
loan/grant/credit/aid agreement
within five
(5) working days from the
date of
approval thereof by the
appropriate
approving authority.
Likewise, the
notification and invitation
by the PEAC
of the selected consultant
for
negotiation shall be issued within
five (5)
working days from the date the
concurrence
of the concerned foreign
financial
institution shall have been
secured/received
— Completion
of negotiation with any one —
Fifteen (15) working days from date of
consultant start of negotiations
— Approval of
the contract by appropriate —
Fifteen (15) working days after
approving
authority completion of negotiations
— For foreign-assisted projects, the
proposed
agreement shall be
transmitted
to the concerned foreign
financial
institution for concurrence as
may be
required under the related
loan/grant/credit/aid agreement within
fifteen (15)
working days after
completion of
negotiations. Likewise,
approval of
the contract shall be made
by the
appropriate approving authority
within
fifteen (15) working days after
concurrence
of the foreign financial
institution
shall have been secured/
received.
Sec. 2. Monitoring of Agency Compliance. — For
monitoring compliance with the provisions of this Administrative Order,
all Government Agencies and GOCCs, including instrumentalities thereof,
shall cause the submission to the INFRACOM of the NEDA Board a list of
all approved infrastructure and other construction works contracts
involving costs of P10.0 million and above, and all approved consulting
services contracts involving costs of P1.0 million and above indicating
the actual processing times used/spent for each phase of the bidding
and award process as indicated under Sec. 1 hereof. For
infrastructure and other construction works contracts, such lists shall
be submitted to the INFRACOM within fifteen (15) calendar days from the
date the NTP shall have been issued, while in the case of consulting
services contracts, the same shall be submitted within fifteen (15)
calendar days from the date such contracts shall have been approved by
the appropriate approving authority of the concerned Government Agency.
Sec. 3. Reporting. — The INFRACOM shall make the
necessary reports regarding compliance or non-compliance with this
Administrative Order by concerned Government Agencies to the NEDA Board
at least once in every quarter or as often as may be required by the
NEDA Board, and shall furnish a copy thereof to the Disciplinary
Committee created hereunder.
Sec. 4. Sanctions. — Government Officials and
employees who shall fail to comply with the provisions of this
Administrative Order without just cause shall be held liable and
subject to sanctions/penalties in accordance with the following
schedules to be determined by the Disciplinary Committee created
hereunder:
TIME DELAYS PENALTY
a. One (1) to
five (5) working days delay —
Reprimand
b. Six (6) to
ten (10) working days delay — Fine
equivalent to or suspension
without pay
for a period not exceeding
one (1) month
c. Over ten
(10) working days delay for the —
Fine equivalent to or suspension
first
time without pay for a period not exceeding
three (3)
months
d. Over ten
(10) working days delay for the —
Demotion in rank or salary suspension
second
time of one (1) grade or fine equivalent to
or without
pay for a period not
exceeding six
(6) months
e. Over ten
(10) working days delay for the —
Dismissal from the service without
third
time prejudice to any civil and/or criminal
prosecution
Sec. 5. Disciplinary Committee. — There is hereby
created a Disciplinary Committee to be headed by the Office of the
Executive Secretary of the Office of the President with representatives
from the Department of Budget and Management (DBM) and the National
Economic and Development Authority (NEDA) as members. On the report of
the NEDA INFRACOM or complaints from any party, the Disciplinary
Committee herein created shall determine non-compliance/violations by
Government Officials/Employees of the provisions of this Administrative
Order, and impose the appropriate sanctions to be meted out to
Government Officials/Employees found out to have violated the
provisions of this Administrative Order in accordance with the schedule
of penalties prescribed under Sec. 4 hereof. In cases involving
Presidential appointees, the Disciplinary Committee shall forward its
findings and decisions to the Office of the President for appropriate
action, while those cases involving rank and file employees, the
Disciplinary Committee shall forward its findings and decisions to the
Head of Agency concerned. The Disciplinary Committee shall complete its
investigations/evaluation of each case within thirty (30) days from the
date the particular case has been brought to its attention by the NEDA
INFRACOM. The Disciplinary Committee, in the performance of its duties
and responsibilities under this Administrative Order, may call upon any
Government Agency and personnel to aid it in its
investigations/evaluations of specific cases. In this regard, all
Government Agencies are hereby directed to provide assistance whenever
called upon by the Disciplinary Committee in the performance of its
duties and responsibilities as prescribed under this Administrative
Order.
Sec. 6. Appeals. — Decisions made by the
Disciplinary Committee with respect to violations committed under this
Administrative Order may be appealed by concerned parties in accordance
with the procedures prescribed under the Administrative Code of the
Philippines.
Sec. 7. Appropriation. — The Secretary of the
Department of Budget and Management is authorized to release such funds
as may be necessary from any applicable appropriation item under the
General Appropriations Act of 1994 for the organizational and
operational expenses attendant to the performance by the Disciplinary
Committee of its functions under this Administrative Order during the
calendar year 1994. Thereafter, the amount necessary for the annual
budgetary requirement for the purpose shall be included in the General
Appropriations Act by the Office of the Executive Secretary.
Sec. 8. Repealing Clause. — All other rules,
regulations and directives or provisions of Presidential issuances
which are inconsistent with the provisions of this Administrative Order
are hereby amended and modified accordingly.
Sec. 9. Effectivity. — This Administrative Order
shall take effect immediately.
DONE in the City of Manila,
this 16th day of May in the year of Our Lord, nineteen hundred and
ninety-four.
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