EXECUTIVE ORDER NO. 302
EXECUTIVE ORDER NO. 302 - PROVIDING
POLICIES, GUIDELINES, RULES AND REGULATIONS FOR THE PROCUREMENT OF
GOODS/SUPPLIES BY THE NATIONAL GOVERNMENT
WHEREAS, the present policies,
guidelines, rules and regulations covering contracts for the
procurement of goods/supplies for project-related and normal/regular
operations and maintenance activities of the National Government appear
to be, generally, fragmented;
WHEREAS, in the interest of public service, the procurement of
goods/supplies by the National Government must be based on the public
economy;
WHEREAS, as a consequence of the continuous increase in development
projects, operations and maintenance requirements of the National
Government, contracts for the procurement of goods/supplies have
substantially increased;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. A set of rules and regulations covering
contracts for the procurement of goods and supplies for both
project-related and normal/regular operation and maintenance activities
of the National Government be adopted for the following purposes:
a.
to purchase goods of acceptable quality at fair and reasonable prices
from qualified and capable suppliers/manufacturers/distributors, with
on time delivery and satisfactory compliance of all contract terms and
conditions;
b. to assure
fair and equitable treatment of suppliers/manufacturers/distributors
including arrangements for prompt payments;
c. to
accomplish procurement through open competitive bidding in the interest
of economy and efficiency; and
d. to maintain
and collect data for refinement of procurement policies and procedures
based on experiences gained.
Sec. 2. Levels of approving authority for
contracts involving the procurement of goods/supplies for
project-related and normal/regular operations and maintenance
activities of all agencies of the National Government shall be as
prescribed under the pertinent provisions of Executive Order Nos. 301
and 380 dated 26 July 1987 and 27 November 1989, respectively.
Sec. 3. To ensure efficiency and equitable
treatment, awarding of contracts shall be done through public/open
competitive bidding unless another type of procurement method is
necessary as prescribed under the implementing rules and regulations of
this EO.
Sec. 4. There shall be a Prequalification, Bid and
Award Committee which shall be responsible for the conduct of bidding
in each and every agency, subdivision and instrumentality of the
National Government including Government-Owned or Controlled
Corporations to be composed of the following:
Chairman
— At least third ranking official
of the barangay
Executive Officer and
Secretary — Legal Officer of the Agency
Members — One
(1) regular technical
member and at least two (2)
provisional
members with
knowledge of
the project who
shall be
designated by the head
of the
agency concerned.
Observer
— One (1) representative from
the Commission of Audit
Private Sector Representatives
— One (1) representative each
from:
Philippine Chamber of
Commerce
Industry
End-user
group or
non-government
organization
to be
designated by the
Head of
office/
agency/corporation
concerned
— Both representatives shall
serve only as observers.
Sec. 5. The primary function of the Committee
shall be:
1.
conduct bidding;
2. evaluate bidding results; and
3. recommend award of contract.
Sec. 6. The Committee on Infrastructure (INFRACOM)
of the NEDA Board shall, subject to the approval of the President,
formulate and promulgate the rules and regulations to implement the
provisions of this Executive Order.
Sec. 7. All Presidential directives, issuances,
orders, rules and regulation or parts thereof inconsistent with this
Executive Order are hereby repealed or modified accordingly.
Sec. 8. If any provision of this Executive Order
and its implementing rules and regulations is held invalid, the other
provisions not affected thereby shall remain valid and continue in
operation.
Sec. 9. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 19th day of February in the year of Our Lord, Nineteen Hundred and
Ninety-Six.
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Since 19.07.98.