Citizens monitoring of procurement contract implementation lessons from the philippines
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Citizens’ monitoring of procurement contract implementation: lessons from the Philippines. 31 May 2011 ▪ Kampala, Uganda. Dondon Parafina ANSA-EAP Network Coordinator Ateneo School of Government. What is social accountability?. Enabling environment [ANSA-EAP].

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Citizens monitoring of procurement contract implementation lessons from the philippines

Citizens’ monitoring of procurement contract implementation: lessons from the Philippines

31 May 2011 ▪ Kampala, Uganda

DondonParafina

ANSA-EAP Network Coordinator

Ateneo School of Government



Enabling environment ansa eap
Enabling environment[ANSA-EAP]


Legal provision on citizens monitoring of procurement
Legal Provision on citizens’ monitoring of procurement

SEC 13. Observers. – To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the Commission on Audit, at least (2) observers to sit in its proceedings, one (1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a non-government organization: Provided, however, That observers should be duly registered with the Securities and Exchange Commission and should meet the criteria for observers as set forth in the IRR.


Limitations
Limitations

  • “Procurement process” in Section 13 appears to refer only to “bidding process”

  • No mention of third-party observers in Section 42, IRR Section 42, Annex “D”

  • Role of third-party observers in contract implementation is only recognized in principle, but the principles of the law are not self-executory (Tañada vs. Angara, 272 SCRA 18, 197)


Need to transcend legal limitation
Need to Transcend Legal Limitation

  • “Clean” bidding does not ensure good performance during implementation

  • Citizens have a natural stake in the delivery of public goods and services

  • Government has limited capacity and resources to monitor implementation

  • Alternative third-party information validates project assessments


What to monitor in contract implementation
Whattomonitor in contractimplementation?

Random Inspection/ Testing

Delivery

NTP

Production

Random Counting/ Inspection

Processing of Documents

Acceptance

Processing of Payment

Distribution to beneficiaries

Payment


Relevant provisions
Relevant provisions

  • Fixed price; no price escalation without permission

  • Warranty

  • Liquidated damages

  • Grounds for contract termination

  • Blacklisting


Red flags adapted from gottbreht
Red Flags (adapted from Gottbreht)


SAMPLE INITIATIVES

CCAGG Road Monitoring

Photo by CCAGG



Bayanihang eskwela
BayanihangEskwela

Community engages DepED and DPWH in

school building construction monitoring and inspection

Photo by Government Watch


Bantay eskwela
BantayEskwela

Community helps check

quantity and quality of school furniture

Photo by Procurement Watch, Inc.


Textbook count

Photos by Government Watch, Coca-Cola

Textbook Count

CSOs help check bidding  production  delivery  distribution

Ateneo School of Government


2003 Ad

2004 Ad

Help our students get their books on time. To volunteer as a textbook delivery watcher in your school, call the following numbers…



Citizen v olunteer signs iar
Citizen volunteer signs IAR

  • If IAR is signed by CSO, DepEd Division Office need not inspect deliveries in the districts and high school

  • DepED saves in monitoring and inspection expense

  • Supplier can process payment faster

For 3rd party CSO monitor


Lessons
Lessons

Legal basis

Government agency’s support

Dissemination of information

Innovation in coalition building and volunteer mobilization

Simplicity of tools

Capacity building for citizens

Clarity of mission and expected result


ad