QuestionsQuestions (EXECUTIVE ORDER NO. 301)
EO 301 aims to promote economy, efficiency, and effectiveness in public service delivery by decentralizing certain governmental actions to reduce red tape and delays, while maintaining accountability through uniform standards and COA audit.
The general rule is that no contract for public services or for furnishing supplies/materials/equipment to the government shall be renewed or entered into without public bidding, except under the enumerated negotiated-purchase situations.
Negotiated purchase is allowed when (1) supplies are urgently needed for an emergency involving loss/danger to life/property; (2) supplies relate to a project/activity that cannot be delayed without detriment to public service; (3) supplies sold by an exclusive distributor/manufacturer without sub-dealers at lower prices and no suitable substitute at more advantageous terms exists; (4) supplies were unsuccessfully bid for at least two consecutive times due to lack of bidders or offers being exorbitant/non-conforming; (5) the Department Head determines negotiated purchase is most advantageous to the government; and (6) the purchase is made from an agency of the government.
They must be subject to availability of funds, compliance with the standards/guidelines in Section 1, and the audit jurisdiction of the Commission on Audit (COA) under existing rules.
The department or agency head, or the governing board of the government-owned or controlled corporation concerned, may enter into negotiated contracts without prior approval by higher authorities, subject to the conditions in EO 301.
They shall be signed by the Secretary and two other Undersecretaries.
EO 301 abolishes the Presidential Committee on Negotiated Contracts created under EO 298.
They shall be processed according to existing procedures and shall be signed by the Secretary of General Services.
No. Section 4 provides that provisions of existing laws requiring approval by the President for contracts awarded through public bidding or by negotiation shall remain in force.
EO 301 specifically refers to negotiated contracts under EO 298 as amended and does not apply, among others, to infrastructure/public works contracts and to government contracts where ceilings for approval by Department Heads are prescribed under EO 164.
EO 301 directs DPWH to formulate uniform standards/guidelines for determining the reasonableness of lease terms and rental rates; then it allows agency heads to determine reasonableness and enter into lease contracts without prior higher approval, subject to DPWH standards and COA audit.
The Department of Public Works and Highways (DPWH).
Agency heads intending to rent privately-owned buildings/spaces for government use, or to lease government-owned buildings/spaces for private use, may determine reasonableness of lease terms and rental rates and enter into the lease contracts without prior approval by higher authorities.
The agency heads are deemed administrators of the leased/rented properties and must prepare and submit periodic reports on the status of the lease and occupancy to DPWH, as required.
The Records Management and Archives Office of the Department of Education, Culture and Sports.
Government agencies, through their respective record units (or equivalent), may dispose of valueless records subject to COA audit jurisdiction and compliance with the uniform records disposal standards/guidelines set by the Records Management and Archives Office.
A report must be prepared and submitted to the Records Management and Archives Office describing briefly the records disposed of and the manner of their disposition.
Section 12 repeals or modifies all inconsistent laws/decrees/executive orders/issuances; Section 13 provides that EO 301 takes effect immediately.