Decentralization of Negotiated Contracts: Guidelines
- Public bidding is required for contracts involving public services or supplies.
- Exceptions to public bidding include:
- Urgent needs involving risk to life or property.
- Time-sensitive projects whose delay would harm public service.
- Procurement from exclusive distributors/manufacturers without suitable alternatives.
- Supplies unsuccessfully bid twice due to lack of bidders or unsatisfactory bids.
- Cases where negotiated purchase is more advantageous, as determined by the department head.
- Purchases from other government agencies.
Jurisdiction Over Negotiated Contracts
- Department or agency heads, or governing boards of government-owned/controlled corporations, may enter negotiated contracts without prior higher approval.
- Conditions include availability of funds, compliance with guidelines, and audit by COA.
- Contracts between PHP 2,000,000 and PHP 10,000,000 must be signed by the Secretary and two Undersecretaries.
Abolition of Presidential Committee on Negotiated Contracts
- The Presidential Committee on Negotiated Contracts established under EO No. 298 (1940) is abolished.
- Pending contracts are to be processed under existing procedures and signed by the Secretary of General Services.
Presidential Approval of Contracts
- Existing laws requiring Presidential approval for contracts awarded by public bidding or negotiation remain in effect.
Coverage and Limitations
- The decentralization applies specifically to negotiated contracts for public services or supplies per EO No. 298.
- It excludes infrastructure/public works contracts and contracts with approval ceilings set by EO No. 164 (1987).
Decentralization of Lease Contracts: Guidelines
- The Department of Public Works and Highways (DPWH) shall set uniform standards for lease contracts involving privately-owned buildings for government use or vice versa.
Jurisdiction Over Lease Contracts
- Heads of agencies may determine the reasonableness of lease terms and rental rates and enter into leases without higher approval.
- Compliance with DPWH standards and COA audit jurisdiction is required.
Reporting on Lease Contracts
- Agency heads act as property administrators.
- They must prepare and submit periodic occupancy and lease status reports to the DPWH.
Decentralization of Records Disposal: Guidelines
- The Records Management and Archives Office of the Department of Education, Culture and Sports prescribes uniform standards for disposal of valueless/unnecessary records.
Jurisdiction Over Records Disposal
- Agencies may dispose of valueless records through their records units.
- Disposal is subject to COA audit and compliance with prescribed standards.
Reporting on Records Disposal
- Agencies must submit reports to the Records Management and Archives Office detailing the records disposed and their manner of disposal.
Miscellaneous Provisions
- Repeals or modifies inconsistent laws, decrees, executive orders, and issuances.
- The Executive Order takes effect immediately upon approval.