EXECUTIVE ORDER NO. 188
EXECUTIVE ORDER NO. 188 - CREATING
AN INTER-AGENCY COMMITTEE COMPOSED OF A MOTHER COMMITTEE, A
SUB-COMMITTEE AND A TECHNICAL WORKING GROUP TO PREPARE THE BID AND
TENDER DOCUMENTS AND CONDUCT AN INTERNATIONAL PUBLIC BIDDING TO SELECT
A PRE-SHIPMENT INSPECTION AND OTHER RELATED SERVICES CONTRACTOR
WHEREAS,
pursuant to the country’s accession to the GATT-WTO, the shift to
transaction value must be fully implemented by January 01, 2000;
WHEREAS, the contract between the Societe Generale de Surveillance
(SGS) and the Republic of the Philippines will expire on December 31,
1999;
WHEREAS, there is a need to engage a contractor to provide pre-shipment
inspection and assist the Bureau of Customs in its modernization
thrust;
WHEREAS, the most transparent process to select the contractor is
through international public bidding.
NOW, THEREFOR, I, PRESIDENT JOSEPH EJERCITO ESTRADA, by virtue of my
continuing powers to reorganize the Executive Department under the
Constitution and the Administrative Code of 1987 do hereby order the
following:
Section 1. Creation. — There is hereby created an
Inter-Agency Committee composed of a Mother Committee, a Sub-Committee
and a Technical Working Group as hereinafter provided.
Sec. 2. Composition.
(A)
The Mother Committee shall be composed of the Secretary of Finance,
Secretary of Socio-Economic Planning (NEDA), Secretary of Trade and
Industry, the Governor of the Bangko Sentral ng Pilipinas, and the
Chief Presidential Legal Counsel. The Secretary of Finance shall act as
Chairman of the Mother Committee.
(B) The
Sub-Committee shall be composed of the Commissioner of Customs who
shall likewise represent the Department of Finance, and one
representative each from the NEDA, Department of Trade and Industry,
the Bangko Sentral ng Pilipinas, and the Office of the Chief
Presidential Legal Counsel. Their respective heads of agencies shall
designate these representatives. The Commissioner of Customs shall act
as Chairman and shall represent the Sub-Committee in all its activities.
(C) The
Secretary of Finance shall designate the members of the Technical
Working Group upon consultation with other members of the Mother
Committee.
Sec. 3. Objectives. — The Inter-Agency Committee
shall conduct an international public bidding to select a contractor
for to achieve the objectives of this Order.
Sec. 4. Powers, Duties and Functions.
(A) The Mother Committee shall, through the Secretary
of Finance, exercise overall supervision and control over the
activities of the Inter-Agency Committee. It shall, as a collegial
body, exercise the following powers, duties and functions:
1)
Instruct the Sub-Committee to prepare the bid and tender documents for
its approval;
2) Approve the
evaluation results of each stage of the international public bidding;
3) Award the
Contract;
4) Consider,
decide or approve such other matters in the conduct of the
international public bidding that the Mother Committee will require the
Sub-Committee to submit for its consideration, decision or approval or
which the Secretary of Finance will submit to the Mother Committee; and
5) Perform
such other powers, duties and functions as may be necessary to
implement this Executive Order.
(B) The Sub-Committee shall exercise direct
supervision and control over the Technical Working Group and shall have
the following powers, duties and functions:
1)
Prepare the necessary bid and tender documents for the conduct of an
international public bidding and submit the same for the approval of
the Mother Committee;
2) Review and
approve for submission to the Mother Committee the results of the
international public bidding;
3) Perform
such other powers, duties and functions as may be assigned by the
Mother Committee or the Secretary of Finance to carry out the mandate
of this Executive Order; and
4) Perform
such other powers, duties and functions as may be necessary to
implement this Executive Order.
All matters that require the approval of the Mother Committee shall be
approved by the Sub-Committee as a collegial body.
(C) The Technical Working Group shall have the
following powers, duties and functions:
1)
Act as the Secretariat of the Mother Committee and the Sub-Committee
and shall prepare the minutes of the meetings of the Mother Committee
and Sub-Committee;
2) Prepare the
bid and tender documents for submission by the Sub-Committee to the
Mother Committee;
3) Conduct the
bidding process until final award of the contract provided that one
representative from the Commission on Audit and one representative from
the Philippine Chamber of Commerce and Industry shall be invited to
attend the pre-bid conference and opening of bids as non-voting members;
4) Perform
such other powers, duties and functions as may be assigned by the
Mother Committee or the Secretary of Finance or the Sub-Committee to
carry out the mandate of this Executive Order; and
5) Perform
such other powers, duties and functions as may be necessary to
implement this Executive Order.
Sec. 5. Term. — The Committee, Sub-Committee and
the Technical Working Group shall exist until it has accomplished the
purpose of this Order.
Sec. 6. Funding. — Subject to the usual auditing
rules and regulations, the Committee shall be provided with a budget as
may be approved by the Commissioner of Customs from the proceeds of
sale of forfeited articles by the Bureau of Customs.
The Bureau of Customs shall provide the necessary workplace, facilities
and equipment for the Inter-Agency Committee.
The Department of Budget shall incorporate the necessary budget in the
annual General Appropriations Act for the services of the contractor
engaged pursuant to this Executive Order.
Sec. 7. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 20th day of December, in the year of our Lord, Nineteen Hundred
and Ninety-Nine.
chan
robles virtual law librar
Back to Main
chan
robles virtual law library
Since 19.07.98.