Title
EO 359 - Govt Procurement Policy and Procedures
Law
Executive Order No. 359
Decision Date
Jun 2, 1989
Executive Order No. 359 establishes a centralized procurement system for government supplies, materials, and equipment, overseen by a Procurement Policy Board, to ensure efficient and economical procurement practices in national government agencies and local government units.

Law Summary

Establishment and Composition of the Procurement Policy Board

  • The Board is chaired by the Secretary of Budget and Management (DBM).
  • Members include Secretaries of Finance (DOF), Trade and Industry (DTI), Health (DOH), National Defense (DND), Public Works and Highways (DPWH), Education, Culture and Sports (DECS), and a PICPA representative.
  • It promulgates rules and regulations to implement the procurement policy.
  • The Board may consult the Commission on Audit (COA) chairman on relevant matters.
  • It conducts periodic evaluations on centralized procurement effectiveness based on:
    1. Price competitiveness versus the open market.
    2. Compliance with quality standards set by the Bureau of Product Standards.
    3. Delivery timeliness to client agencies.
  • The Board can commission independent surveys for evaluation.
  • Hold-over status of Procurement Council members automatically terminates upon effectivity.

Procurement Service and Organizational Structure

  • Procurement Service (PS) of the DBM operates as the central procurement unit.
  • The Inter-Agency Bids and Awards Committee, created under Letter of Instructions No. 755, seats within the PS to help implement the procurement system.
  • Regional Depots are established under DBM per Executive Order No. 86 to facilitate local procurement of common-use supplies.

Coverage of the Procurement System

  • Applies to all national government agencies including State Universities and Colleges.
  • Includes government-owned or controlled corporations and their subsidiaries.
  • Local government units may voluntarily join the system.
  • Direct procurement by agencies is allowed only for emergency supplies when PS delivery is delayed, subject to accounting and auditing rules.

Operating Procedures of the Procurement System

  • PS prescribes detailed operating procedures which remain effective unless modified with SPB consultation and Procurement Policy Board approval.
  • Procedures include:
    • Preparation and submission of annual agency procurement programs.
    • Annual procurement programs must reflect in agencies' Work and Financial Plans.
    • These plans inform DBM quarterly allotments and monthly funding warrants.
    • Deficiencies in appropriations may be covered by savings or lump-sum funds as determined by DBM.

Repealing Provisions

  • Procurement Council Circular No. 1; Joint Circular 77-2 (amended by Circular No. 3 and 3ai); Joint Circular No. 3-B; and DBM-DTI-COA Memorandum Circular (October 1, 1987) are revoked or modified if inconsistent.

Effectivity Clause

  • The Executive Order takes effect immediately upon issuance on June 2, 1989.

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