1. To expedite, rationalize and integrate the bidding and awarding activities of various projects of the Department, the current Central Office PBAC created under DECS Order NO. 69, s. 1998 and the special PBAC on the Third Elementary Education Project (TEEP) created under an unnumbered Memorandum dated 16 June 1999 are hereby integrated and reorganized.
2. The PBAC shall be divided into two (2) units, one for projects/procurements funded exclusively by domestic sources and another one for projects that are assisted by foreign governments, international agencies and other foreign benefactors.
3. The PBAC shall be composed of eleven (II) members, namely: the Chairman Co-Chairman, three (3) Vice-Chairmen and the Legal Officer as regular members, four (4) members to be chosen immediately prior to the bidding date by drawing of lots from the list of members of the corresponding PBAC unit and one (1) private sector representative from any of the following: PICPA, ACPAP, GACPA or ACPAE.
4. The regular members are the following:
Chairman: Undersecretary Antonio A.S. Valdes
Co-Chairman: Undersecretary Victor Andres C. Manhit
Vice- Chairman : Assistant Secretary Ramon C. Bacani
Assistant Secretary Mario P. Bravo
Assistant Secretary Emmanuel M. Mariano
Legal Officer : Undersecretary Bartolome C. Carale
5. The members of the PBAC unit for purely domestic funded projects/procurements herein designated as PBAC – National Government Projects/Procurements (PBAC- NGP) and special projects shall be the following:
Ms. Ma. Elsie Esmer BSE
Ms. Rebecca Bualat EDPITAF
Mr. Manuel Cabalejo Accounting
Mr. Juanito Katindig, Jr. HRDS
Mr. Felix Villanueva, Jr. Planning
Ms. Maria Nida Caramat BNFE
Ms. Ana Marie Hernande OSEC
Mr. Franklin Fontaneza Technical Services/Procurement
6. The members of the PBAC unit for foreign assisted projects herein designated as PBAC- Foreign Assisted Projects (PBAC- FAP) shall be the following:
Dr. Agnes R. Pampanga BSE
Engr. Nelson Villocillo EDPITAF
Mr. Paulino Garcia Accounting
Ms. Sonia de Leon HRDS
Ms. Marietta Publico BNFE
Ms. Simeona Ebol BEE
Ms. Eleanor Nepomuceno OSEC
Dr. Demetria Manuel Technical Services/Procurement
7. The private sector representative shall be chosen from the ranks of PICPA, ACPAP, GACPA and ACPAE. For every bidding, the member representing the private sector will change among the said organizations. The private sector representative shall serve as an observer.
8. For the procurement of textbooks and other instructional materials, the PBAC- NGP may invite some or all, as may be necessary, the regional and private sector representatives as provided under Memo No. 252, series 1999 to act as observers therein.
9. Ms. Modesta M. Boquiren shall act as a Consultant for the PBAC-NGP. Ms. Edna P. Formilleza shall act as a Consultant for the PBAC-FAP. The two (2) shall also be the coordinators of their respective PBAC units and shall participate in PBAC meetings, pre-bid conferences and bid openings.
10. Six (6) members of the PBAC shall constitute a quorum.
11. The PBAG-NGP shall have the following functions:
a. To have primary responsibility for the administration of system and procedures on all biddings and awards of the Department for the procurement of goods and services, through Local Biddings or other suitable modes of procurement, covered by locally or nationally funded projects which may be specifically assigned lo PBAC-NGP,
b. To maintain records of pre-qualifications, pre-bidding conferences and proceedings of bidding and committee deliberations;
c. To review or make arrangements for the review prior to finalization of specifications of goods to be purchased and manner of packaging them to ensure clarity, completeness, economy and conformance to prescribed Procurement Guidelines;
d. To prepare or arrange for the preparation of Invitation to Bid, Bid Qualification and other Bid documents necessary for public bidding;
e. To process bids submitted and recommend the award to the lowest complying evaluated bidder and found complying With all the conditions in the call for bids and tender documents and satisfactorily meets the specifications required;
f. To recommend the disqualification and/or confiscation of the performance bond of winning bidder who has been delinquent in the performance of the contract;
g. To negotiate with contractors/suppliers/bidders under the terms and conditions provided for in the Implementing Rules and Regulation of Public Bidding;
h. To obtain technical advice, expertise and/or assistance from any government entity or agency in the performance of its functions; and
i. Such other functions as are necessary in the implementation of the bidding law and other related law on the matter.
12. The PBAC- FAP shall have the following functions:
a. To conduct pre- and/post- qualification of prospective suppliers/contractors and to issue the necessary invitations to bid or to submit proposals;
b. To conduct pre- bidding conferences and public bidding
c. To evaluate bids, deliberate upon issues and concerns presented to it, and recommend awards; and
d. To maintain record of pre- qualifications, pre- bidding conferences, proceedings of bidding and committee deliberations.
e. In the discharge of its functions, the PBAC- FAP shall ensure that pertinent laws, executive orders, decrees and their implementing rules and regulations as well as procurement guidelines of the foreign funding institution e.g. World bank, Overseas Economic Cooperation Fund and others are strictly observed.
f. When so required, the PBAC- FAP is hereby authorized to draw on the assistance of officers and personnel of bureaus and offices of DECS to facilitate its work.
g. It is further authorized to invite resource persons and/or consultants either from the private or public sector to tender technical and professional assistance to the committee.
13. The Chair, Vice- Chair and members of PBAC shall be paid honoraria, where appropriate, in accordance with the National Compensation circular No. 75 dated march 1995. Honoraria shall be charged against the corresponding funds. The Chairman shall submit to the Secretary a schedule of honoraria to be paid to the Chairman, Vice- Chairman, members and consultants within fifteen (15) days upon effectivity of this order. It is understood that payment of the aforementioned honoraria shall be subject to the availability of funds and the usual accounting and auditing requirements.
14. The above- named PBAC units shall be directly assisted by their respective Secretariat and Contract Management and Monitoring Groups which shall be constituted by the Chairman upon consultation with the members.
15. Any and all existing Pre/Post-Qualification, Bids and Awards Committees related to local and foreign-assisted projects are hereby abolished and their records and pertinent functions will be transferred to the herein newly reconstituted Committees.
16. All other DECS orders and memoranda that are inconsistent herewith are hereby revoked, superseded and/or modified accordingly.
17. This order shall take effect immediately.
ANDREW GONZALES, FSC
DECS Order: No. 69, s. 1998
Unnumbered Memorandum dated June 16, 1999
Allotment: 1—(D.O, 50-97)
To be indicated in the Perpetual Index
under the following subjects: