QuestionsQuestions (OMB OFFICE ORDER NO. 05-303, S. 2005)
It establishes a customized Code of Conduct for Ombudsman officials and employees involved in procurement to ensure integrity and to avoid corruption and wastage, consistent with principles of transparency, accountability, equity, efficiency, competitiveness, and economy.
The acquisition of Goods and Consulting Services, and contracting for Infrastructure Projects by the Office of the Ombudsman.
Goods include all items, supplies, materials, equipment, and general support services. Consulting Services refer to services for infrastructure projects and other government projects requiring adequate external technical and professional expertise, including advisory/review services and related technical studies.
Construction, improvement, rehabilitation, demolition, repair, restoration, or maintenance of various public works, including roads/bridges, airports/seaports, communication facilities, irrigation/flood control/water supply/sanitation systems, national/school/hospital buildings, and related government construction projects.
It applies to all officials and employees involved in procurement, including the BAC, TWG, TIG, BAC Secretariat, PMS/GSD, FMS, Accounting Division, Cashiering Unit, signatories to contracts/agreements, and respective end-users.
Officials and employees must absolutely refrain from soliciting and/or accepting gifts and benefits for themselves or others from suppliers/contractors/consultants, regardless of whether those entities are transacting with the Ombudsman.
The concerned official or employee must immediately disclose the conflict to the immediate supervisor and terminate the conflict by submitting a written declaration, either periodically or for every contracting process, consistent with the referenced Norms of Behavior under OMB Office Order No. 05-13.
It requires officials/employees to refrain from personal contacts/interactions. Suppliers/contractors may not enter office premises unless necessary for official business, and their stay must not exceed what is required to complete the transaction.
Officials must strictly adhere to mandated time frames provided under R.A. 9184 and its Implementing Rules and Regulations (IRR-A).
The BAC must refrain from entertaining procurement transactions/queries from suppliers/contractors/consultants except through the BAC Secretariat.
It must maintain proper recording/reporting of procurement transactions, have official contacts with suppliers/contractors whenever necessary during bidding, and be under direct control, supervision, and monitoring of the BAC.
The TWG must conduct ocular inspections unannounced, with the date and team specified by and authorized by the BAC for monitoring purposes. It must not use other resources than those of the Office.
It must prepare a brief report to the BAC indicating travel itinerary and expenses incurred; any refund claims must be properly documented and compliant with existing auditing and accounting rules.
Inspections/evaluations must be conducted in the presence of the end-user, property custodian, and PMS Officer, and by rotation on a per delivery/evaluation basis.
It must only have official contacts whenever necessary before PO/JO/contracts/agreements, during delivery/general support service, and during preparation of documents for payment; in sealed canvass, it may contact as needed for information and market probe.
They must expeditiously process payments when Notice of Cash Allocation is released and supporting documents are complete, accurately record transactions in ledgers, coordinate with PMS/GSD for inventory reconciliation, and obtain needed documents/information for processing claims.
Requested procurement documents not classified as confidential must be made available for inspection upon written request showing legal purpose and with prior BAC approval. Contract registers must include data such as notice to bidders, service/product description, contract start/finish, participating bidders’ names/addresses, contract value, date and result of last audit by the independent Review Committee, and names of personnel involved.
Violations are grounds for disciplinary action and do not prejudice filing of appropriate criminal charges against the erring official/employee.