Policy and purpose of the Code
- The Code is anchored on the principle that procurement involves disbursement of public funds or funds placed under the Office’s official custody.
- The Office must ensure that procurement funds are properly spent, so that corruption and wastage of resources are avoided.
- The Office commits to good governance and to transparency, accountability, equity, efficiency, competitiveness, and economy in procurement.
- The Code establishes conduct rules to ensure the integrity of the procurement process in the Office of the Ombudsman.
Coverage and persons bound
- The Code applies to all officials and employees of the Office of the Ombudsman involved in the procurement process.
- Coverage includes procurement-related units and roles: the BAC, TWG, TIG, BAC Secretariat, PMS/GSD, FMS, Accounting Division, Planning and Budget Division, Cashiering Unit, and the Officials who are signatories to the Contracts/Agreements, as well as the respective end-users.
- The Code applies while covered personnel perform their duties and responsibilities in procurement.
Core definitions used in the Code
- Procurement refers to the acquisition of Goods and Consulting Services, and the contracting for Infrastructure Projects by the Office of the Ombudsman.
- Goods refer to 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 and review services, pre-investment or feasibility studies, design, construction supervision, management and related services, and other technical services or special studies.
- Infrastructure Projects / Civil Works include construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings, and other related construction projects of the government.
- Gift refers to a thing disposed of gratuitously in favor of another and includes a simulated sale or a disposition onerous to the giver.
- Benefit refers to a right, privilege, entertainment, exemption, or any other similar act of liberality in favor of another.
- BAC Secretariat refers to support staff to the Bids and Awards Committee and custodians of procurement records.
- Suppliers/Contractors refer to persons or groups of persons, or entities that supply Goods and Consulting Services and contract for Infrastructure Projects.
- BAC means Bids and Awards Committee.
- TWG means Technical Working Group.
- TIG means Technical Inspection Group.
- PMS means Property Management Section.
- GSD means General Services Division.
- IRR-A means Implementing Rules and Regulations Part A.
- COA means Commission on Audit.
- NGO means Non-Government Organization.
- PS-DBM means Procurement Service Department of Budget and Management.
- FMS means Finance and Management Services.
- End-user refers to the officers and employees of the unit for which the Goods, Consulting Services and Infrastructure Projects are intended.
- Signatories to the Contract refer to the officials who execute and sign the contract/agreement for the Office.
General conduct rules for procurement personnel
- Procurement committee members and procurement-related personnel must strictly adhere to laws and rules promoting transparency, accountability, equity, efficiency, professionalism, competitiveness and economy in procurement.
- Procurement personnel must strictly avoid situations that may give rise to conflict of interests or the suspicion of conflict of interests.
- When a conflict of interest arises, the concerned official or employee must immediately disclose it to the immediate supervisor and terminate the conflict through a written declaration.
- The written declaration on conflict of interest may be done periodically or for every contracting process.
- Procurement personnel must absolutely refrain from soliciting and/or accepting, directly or indirectly, gifts and benefits for themselves or for others from suppliers, contractors and/or consultants, regardless of whether they are transacting business with the Office.
- Procurement personnel must absolutely refrain from accepting invitations or offers from suppliers, contractors and/or consultants or their representatives for meetings and conferences outside the Office.
- Procurement personnel must strictly refrain from personal contacts or interactions with suppliers, contractors and/or consultants; suppliers/contractors are not allowed to enter Office premises unless necessary for official business, and their stay must not be longer than required to finish the official transaction.
- Procurement personnel must strictly adhere to mandated time frames provided for under Republic Act No. 9184 and its Implementing Rules and Regulations.
- Procurement personnel must refrain from unduly influencing or exerting undue pressure upon any BAC member or any officer/employee of the procuring entity or office to take an action that favors, or tends to favor, a particular supplier, contractor and/or consultant.
- Procurement personnel must strictly refrain from inviting suppliers/contractors as guests and from getting as ninongs, ninangs, sponsors or donors suppliers/contractors transacting business with the Office to avoid closeness and familiarity and the perception of undue benefit or advantage.
- Procurement personnel must strictly observe the norms of behavior under Office Order Number 05-13 dated January 24, 2005, particularly provisions on Conflict of Interests and Confidentiality of proceedings.
Role-specific rules for committees and units
- BAC duties: The BAC must maintain official contacts with suppliers/contractors/consultants only whenever necessary during the pre-bid conference and opening of bids.
- BAC duties: The BAC must refrain from entertaining procurement transactions/queries from suppliers/contractors/consultants except through the BAC Secretariat.
- BAC duties: The BAC must attend regular BAC meetings as scheduled.
- BAC Secretariat duties: The BAC Secretariat must have official contacts with suppliers/contractors/consultants only whenever necessary during the bidding process.
- BAC Secretariat duties: The BAC Secretariat must prepare necessary reports and ensure proper recording of all procurement transactions for accountability and transparency, and must be under the BAC’s direct control, supervision and monitoring.
- TWG duties: The TWG must have official contacts with concerned suppliers/contractors/consultants only whenever necessary during the pre-bid conference, opening of bids, evaluation and post qualification process, and before submission of the Evaluation Report.
- TWG duties: The TWG must conduct unannounced ocular inspections of suppliers’/contractors’ business offices, premises, warehouses, outlets, stores and factories, with the date of inspection and team specified by and with authority from the BAC for monitoring purposes.
- TWG duties: During ocular inspection, the TWG must not use other resources than those of the Office, and must prepare a brief post-inspection report to the BAC indicating the itinerary of travel and the expenses incurred; refund claims must be properly documented and compliant with auditing/accounting rules and regulations.
- TWG duties: The TWG must prepare the Technical Evaluation Report and submit it to the BAC within the prescribed period under Republic Act No. 9184 and IRR-A.
- TIG duties: The TIG must have official contact with suppliers or contractors only whenever necessary during delivery/acceptance of goods and evaluation of performance of general support services.
- TIG duties: The TIG must inspect deliveries and evaluate general support services rendered, in the presence of the end-user, property custodian, and PMS Officer, and by rotation on a per-delivery and per-evaluation basis.
- TIG duties: The TIG must strictly comply with Office specifications in inspection and evaluation.
- PMS/GSD duties: The PMS/GSD must have official contacts with concerned suppliers/contractors/consultants only whenever necessary prior to preparation of Purchase Orders (PO), Job Orders (JO) or Contracts/Agreements, during delivery of goods/general support services, and during preparation of documents for payments.
- PMS/GSD duties: For sealed canvass, the PMS/GSD must contact suppliers/contractors whenever necessary to get information on certain goods or general support services and in the conduct of market probe.
- PMS/GSD duties: The PMS/GSD must prepare reports and keep records on procurement transactions pursuant to COA rules for submission to the Overall Deputy Ombudsman.
- FMS, Planning and Budget Division, Accounting Division, Cashiering Unit duties: These units must expeditiously process payments of procurement claims provided that the Notice of Cash Allocation has been released and all supporting documents are submitted by the concerned suppliers and the PMS/GSD.
- FMS, Planning and Budget Division, Accounting Division, Cashiering Unit duties: These units must accurately record procurement transactions in their respective general and subsidiary ledgers, periodically coordinate with PMS/GSD to reconcile inventory discrepancies, and coordinate with the concerned office/bureau to obtain documents/information needed for payment processing.
- Contract/Agreement signatories duties: Authorized signatories must act within the prescribed period under Republic Act No. 9184 and IRR-A.
- End-user duties: The end-user must maintain and update records of goods received, consumed and/or disposed.
- End-user duties: The end-user must submit to the Overall Deputy Ombudsman or the BAC a report involving any discrepancy, irregularity, or defect in procurement of goods using, among others, the End-User Feedback form.
Accountability and documentation requirements
- All officials and employees involved in procurement must strictly comply with Office requirements on authorized signatories and approving authorities.
- Regular review of contracts and audits of procurement decisions must be conducted by an independent Review Committee created for this purpose.
Transparency through document inspection
- Officials and employees having custody of procurement documents that are not classified as confidential must make the requested document available for inspection upon written request by an interested party indicating the legal purpose.
- Prior approval of the BAC is required before the requested document is made available for inspection.
- The BAC must maintain contract registers containing, among others: data on the notice to bidders, product/service description, start and finish of contract, names and addresses of participating bidders/parties, contract value, the date of the last audit conducted by the independent Review Committee and audit result, and the names of all personnel involved in the procurement process.
Penalties and disciplinary consequences
- Any violation of the Code constitutes a ground for disciplinary action.
- Disciplinary action is without prejudice to the filing of appropriate criminal charges against the erring official and/or employee.
Separability
- If any provision of the Code is held unconstitutional, the remaining provisions not affected by the unconstitutionality remain valid and binding.