CODE OF ETHICS Guided by a Code of Conduct For Bids & Awards Committee Observers Mr. Edgardo J. Tria Tirona LAIKO, National President
Introduction The Bids and Awards Committee (“BAC”) of the procuring entity shall invite in all stages of procurement, at least two (2) observers to sit in proceedings to enhance transparency in the procurement process, in compliance wit the Implementing Rules and Regulations (“IRR”) of Republic Act 9187 (“R.A. 9184”)otherwise known as The Government Procurement Reform Act (“GPRA”).
Introduction As provided for in the IRR of R.A. 9184, one shall come from a duly-recognized private group in a sector of discipline relevant to the procurement at hand and the other shall come from a non-government organization (“NGO”)
Introduction Observers shall come from an organization duly registered with the Securities and Exchange Commission (“SEC”). They should have the knowledge, experience, or expertise in procurement or in the subject matter of the contract to be bid. They should have no direct or indirect interest in the contract to be bid out. Further, The BAC may determine any other criteria that the observers would have to meet.
Prohibition of Conflict of Interest • The observer has the duty to be honest about his/her qualification, and about any circumstance that may lead to a conflict of interest. The observer must complete a conflict of interest sheet, indicating, among others, the areas of conflict, if any. The conflict of interest sheet must be updated if any change occurs.
Prohibition of Conflict of Interest 2. The BAC must review the statements declared in the conflict of interest sheet prior to the procurement to ensure that any potential conflict of interest is identified and appropriately addressed. 3. In the event that a conflict of interest exists, the observer shall be prohibited from participating as BAC observer in the particular item to be procured. In his/her stead, the private sector group or NGO shall send a temporary replacement with no conflict of interest to sit as observer only for that procurement.
Prohibition of Conflict of Interest 4. The procuring entity may provide additional prohibitions and sanctions relative to real, apparent, or potential conflict of interest.
Prohibition of kickbacks and acceptance of gratuities • BAC observers are prohibited to solicit or assist in securing a contract for a commission, brokerage or contingent fee or the promise of such payments, or non-monetary benefits or the promise of such benefits. • BAC observers are prohibited to solicit and accept gratuities, favors or anything of monetary and non-monetary value from contractors, potential contractors, or parties to sub-agreements.
Prohibition of discussing detailed Information • BAC observers are prohibited to formally or informally discuss with the bidders, detailed information related to the procurement once the bids are opened until the issuance of the Notice of Award. • Detailed information includes, but is not limited to, the following: a. Advance Information b. Confidential or proprietary information about other bidders; c. Technical information; and d. Updates on decisions made by the BAC
Standards of Conduct • Competence All BAC observers should exercise utmost efficiency and effectiveness in the performance of their responsibilities.
Standards of Conduct B. Dedication All BAC observers should show the highest degree of commitment and dedication in the performance of their responsibilities. They should uphold the principles of this Code and encourage and support adherence by others.
Standards of Conduct C. Integrity All BAC observers should conduct themselves with professionalism and integrity. They must have the trust and confidence of the BAC. In so doing, they should help maintain and enhance public confidence in the integrity of the procurement process and advance the good of the community by being objective and acting in accordance with the spirit and letter of the law.
Standards of Conduct D. Diligence and Rule of Law In performing his/her duties, all BAC observers should exercise proper diligence and intention.
Standards of Conduct E. Accountability All BAC observers should be answerable to the public as well as to the organization they represent.
Standards of Conduct F. Punctuality All BAC observers are required to be punctual in their attendance in the bidding activities.
Enforcement of Standards of Conduct The BAC observers should observe the following actions in conformity with the Standards of Conduct provided: A. Receipt of Invitation from the Procuring Entity for any Stage of the Bidding Process:
Enforcement of Standards of Conduct Upon receipt of invitation, the BAC observer should: • Acknowledge the receipt by printing name of the recipient, date of receipt and signature or, If the invitation is received by fax, the BAC observer should send it back to the procuring entity with the above mentioned details through fax as well or; If the invitation was personally delivered, the BAC observer should provide the receiving copy to the messenger.
Enforcement of Standards of Conduct 2. Call the procuring entity upon receipt of invitation to inform them that the same was already received. 3. Inform the procuring entity if a representative should be sent, stating the name and her position in the organization.
Enforcement of Standards of Conduct 4.BAC observer should inquire about what transpired during the previous stage (s), and request for documents and list of BAC observer invitees in the stage (s) uninvited/unable to attend, in order to be guided accordingly.
Enforcement of Standards of Conduct B. Attendance in a Stage in the Procurement Process: • The BAC observer is required to be on time in their attendance in the bidding activities. Moreover, the observer should leave only after the adjournment of the activity.
Enforcement of Standards of Conduct 2. The BAC observer should dress properly. They should preferably be in appropriate business attire. 3. The BAC observer should put his/her cell phone on silent mode/turn it off during bidding activities so as not to cause any distraction.
Enforcement of Standards of Conduct 4. The BAC observer should bring a copy of the IRR or R.A. 9184 together with the public bidding checklist or manual. 5. In view of the fact that BAC observers are required by the IRR of R.A. 9184 to submit a report to the head of the procuring entity, the following information should be taken down by BAC observer during the course of the bidding process:
Enforcement of Standards of Conduct a. Date, time, place, procurement stage and item up for bid as reflected in the invitation; • Actual date, time, place, procurement stage and item up for bid; • Approved budget for the contract; • Number and names of bidders that actually participated in the bidding;
Enforcement of Standards of Conduct e. Number and names of bidders that actually participated in the bidding; f. Date and process of release of the Bid/Supplemental Bulletins; g. Amount of bid security offered by bidders; i. Process by which stage was conducted.
Enforcement of Standards of Conduct 6. The BAC observer should avoid discussing views with the representatives of the procuring entity and bidders; 7. The BAC observer should avoid giving personal opinions on a particular action or decision. The BAC observer should instead quote an applicable IRR provision;
Enforcement of Standards of Conduct 8. The BAC observer should take note of queries and clarifications raised by the bidders and the replies made thereto by members of the BAC; 9. The BAC observer should check information being discussed with the submitted bid documents; 10. The BAC observer should not hesitate to seek clarification of procedures/discussion if such becomes confusing
Enforcement of Standards of Conduct 11. The BAC observer should sign the abstract of Bids or any other document related to the procurement and indicate that he/she is a “WITNESS” if in his/her independent observation, the bidding activity conducted by the BAC followed the correct procedure as indicated in the IRR. If however, the BAC observer feels that the BAC did not follow the correct procedure, he/she should not sign the Abstract of Bids or any other document related to the procurement.
Enforcement of Standards of Conduct C. Preparation and Submission of Report As provided by the IRR OF R.A.9184, a report should be made by the BAC observer, indicating his observations in the bidding activity. The report shall assess the extent of the BAC’s compliance with the provisions of the IRR and areas of improvement in the BAC’s proceeding. The same should be submitted to the Head of the procuring entity, and a copy furnished to the BAC Chairperson.
Enforcement of Standards of Conduct The BAC observer in preparation and submission of the report should consider the following: • The preparation of the report may be done jointly with other observers or separately; • The facts and processes utilized in the bidding activity should be stated clearly and objectively;
Enforcement of Standards of Conduct • The following documents may be requested by the BAC observer from the BAC of the procuring entity: a. Minutes of related proceedings of BAC meetings; b. Abstract of Bids; c. Post-qualification summary report; d. Annual Procurement Plan and related Project Management Plan and; e. Copies of “opened” proposals.
Enforcement of Standards of Conduct In requesting for the above mentioned documents, the BAC observer shall ask who the agency point person for the request is, together with his or her name, position, unit or division, and contact number. Speak courteously to the person concerned and state the request. Inquire when the said documents may be secured. Send a letter addressed to the person concerned and copy furnished the BAC Chairperson, stating the documents requested. Ask for a receiving copy stating the name of recipient, his/her signature and date of receipt.
Enforcement of Standards of Conduct 4. The report should be submitted to the BAC Chairperson, copy furnished the head of the procuring entity, within one week from the time the request for the document was granted. 5. A copy of the report may also be given to the Office of the Ombudsman/Resident Ombudsman if the BAC of the procuring entity is found to have failed in following the prescribed bidding procedures or if any deviations occurred at any stage of the bidding, or for any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government. The report should state, among others, the observed deviation, if any, and provide for the actual IRR provision, which the deviation violated.
It shall be the solemn responsibility of the BAC observer to comply with the provisions of this Code in carrying out their responsibilities in the procurement process. They should adhere to the principles and policies laid down in the GPRA, guided by the Code of Conduct, consistent with this Code of Ethics. Furthermore, the BAC observers should encourage compliance and support from other observers.
R.A. 6713 Sec. 2, known as the Code of Conduct & Ethical Standard for Public Officials & Employees, declares in the Section 2 that it is the policy of the State to promote a high standard of ethics in public service. Public officers and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest.
Section 4 of this Act sets forth certain norms of conduct of public officials and employees in the discharge and execution of official duties. In this light therefore, the Bids and Awards Committee should be guided by this Republic Act.
More importantly, it is stated also, in Article II Section 1 of the Constitution that: “Public Office is a Public Thrust” “Public officers & employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty & efficiency, act with patriotism & justice, & lead modest lives.”
END OF PRESENTATION THANK YOU