Transcription
MANUAL ON COMMUNITY PARTICIPATIONIN GOVERNMENT PROCUREMENT
TABLE OF CONTENTSAcronyms .2ABOUT THE MANUAL .3CHAPTER I: INTRODUCTION.5CHAPTER II: IMPLEMENTING GUIDELINES ON NEGOTIATEDPROCUREMENT-COMMUNITY PARTICIPATION.72.12.22.32.4Guiding Principles. 8Applicability Conditions . 8Procedural Guidelines . 10Eligible Community-Based Service Provider . 13CHAPTER III: COMMUNITY COMMITTEES AND GROUPS . 153.13.23.3Barangay Development Council and Barangay Assembly . 15Organizing Community Committees . 15Organizing Community Labor Groups . 17ANNEXES . 19ANNEX 1. Sample Monitoring Report . 20ANNEX 2. Sample Inspection and Acceptance Report . 21ANNEX 3. Guide to the Project Reporting and Feedback Committee . 221
RAIRRJSDFKALAHI-CIDSSLCB / WGAnnual Procurement PlanBarangay AssemblyBids and Awards CommitteeBarangay Development CouncilBarangay Development PlanCommunity Based OrganizationsCommunity Driven DevelopmentCooperative Development AuthorityCommission on AuditCivil Society OrganizationsDepartment of the Interior and Local GovernmentDepartment of Trade and IndustryGovernment Procurement Policy BoardGovernment Procurement Reform Act/Republic Act No. 9184Implementing Rules and RegulationsJapan Social Development FundKapit-Bisig Laban sa Kahirapan-Comprehensive and IntegratedDelivery of Social ServicesLowest Calculated Bid or Bidder / Lowest Calculated QuotationLocal Development CouncilLocal Government CodeLocal Government UnitNon-Government OrganizationNotice of AwardNotice to ProceedOfficial ReceiptProject FacilitatorProject Management CommitteeProject Monitoring and Inspection CommitteePurchase OrderProject Preparation CommitteeProject Reporting and Feedback CommitteeRequest for QuotationSangguniang BarangaySecurities and Exchange CommissionTechnical Working Group2
ABOUT THE MANUALThis Manual sets guidelines for community participation in government procurement. Itprimarily takes off from the Local Government Code (LGC), and the RevisedImplementing Rules and Regulations (IRR) of the Government Procurement Reform Act(GPRA), specifically Section 53.12 on Community Participation.According to the LGC, agencies and offices should conduct consultations with appropriatelocal government units and community organizations before any project or program isimplemented in their jurisdiction.1 It also requires the formation of a Local DevelopmentCouncil (LDC) that shall have among its functions, the mobilization of people’sparticipation in local development efforts, assist the Sanggunian in the development of amulti sectoral plan, and shall set the economic and social development direction of theLocal Government Unit (LGU). At least 25% of the members of the LDC should berepresentatives of non-government organizations (NGOs).On the other hand, the GPRA or Republic Act No. 9184 includes as its governingprinciples transparency and public monitoring in the procurement process andimplementation of contracts. 2 Further, Section 53.12 of the GPRA IRR includescommunity participation as one of the instances by which negotiated procurement canbe implemented.This Manual sets guidelines for community participation in government procurementdrawing lessons from experiences in community-based/community driven development(CDD) projects.It focuses on how the community can participate in managingprocurement by being involved in planning, procurement, and implementation, and onhow the community can participate as contractors or service providers under negotiatedprocurement through community participation. Suggested procedures put forward inthis Manual takes inspiration from lessons garnered from the KALAHI-CIDSS 3 project,good LGU practices, and from existing laws and guidelines.The community may also be involved as observers 4 of the procurement process. Therequirements and responsibilities for such role may be found in a separate manual – theProcurement Observers’ Guide.Chapter One provides an introduction of the Manual. It lays down the scope andlimitations, and puts forward important concepts, definitions, and legal tenets that shallbe used.Chapter Two discusses the general procedures for procurement under NegotiatedProcurement-Community Participation provided in Section 53.12 of the GPRA IRR. Thischapter guides the procuring entity on the conditions that must be met to justify the useof Negotiated Procurement-Community Participation as a procurement method. It alsodescribes how the community can be involved in project procurement at the localgovernment level (e.g., project identification, planning, and monitoring). It lays downthe roles and responsibilities of different community agencies (committees) in ensuringtransparency, public monitoring, equity, and value for money in procurement.Book 1, Title 1 Sec. 2 (c) and Title 6 of the Local Government CodeArticle 1 Section 3 of RA 9184 “Governing Principles on Government Procurement”.3KALAHI-CIDSS stands for Kapit-Bisig Laban sa Kahirapan-Comprehensive and Integrated Delivery of SocialServices. It is a project implemented by the Department of Social Welfare and Development with financialsupport from the World Bank through a loan agreement.4Section 13, of the GPRA’s provides that “To enhance the transparency of the process, the BAC shall, in allstages of the procurement process, invite at least two (2) observers to sit in its proceedings, one (1) from aduly recognized private group in a sector or discipline relevant to the procurement at hand, and the other froma non-government organization ”.123
Chapter Three provides the guide in establishing committees necessary for thebarangay’s and community’s implementation of projects procured through NegotiatedProcurement-Community Participation.It proposes the formation of communitycommittees under the Barangay Development Council (BDC) and Barangay Assembly(BA) in ensuring community participation. It discusses how the community can organizethemselves and participate to ensure that the procurement achieves its intended socialobjectives and increase project sustainability.BackgroundThis Manual is part of the project entitled “Improving the Quality and Responsiveness ofPublic Spending in Poor Communities Through Localized Procurement Reform” supportedby the Japan Social Development Fund (JSDF) through the World Bank (WB).The project aims to further enhance the impacts of participatory approaches bypromoting the participation of volunteers from poor communities in the regular activitiesof barangay Bids and Awards Committees (BAC), among others. Community membersand local CSOs are expected to be involved in key elements of procurement planning,actual procurement, and contract implementation processes, e.g., public biddings,canvassing, bid award, contract monitoring, reporting, and oversight. The developmentof an enabling partnership between the community members/NGOs and the LGUs forprocurement reform is the key innovative feature of the project.This Manual was developed in partnership with the following agencies and offices: Department of Budget and Management; Government Procurement Policy Board - Technical Support Office; Department of the Interior and Local Government (DILG), including the NationalBarangay, Operations Office, Local Government Academy, and the Bureau ofLocal Government Supervision; Department of Social Welfare and Development; and The World Bank.4
CHAPTER I: INTRODUCTIONIn the past, procurement transactions and basic service delivery belonged to theexclusive domain of the government with the community as passive recipients. Recenttrends toward participatory governance and community empowerment have enabledordinary members of the community to have a more active role in procurementplanning, actual procurement and contract implementation processes. With communityparticipation, transactions between the government and third parties such as suppliersand contractors or service providers have become more transparent. Where there istransparency, holding public officials to be accountable for their actions in the use ofpublic resources can be ensured. There is also efficiency in the use of resources whenbeneficiaries of projects are engaged not just in determining their actual needs, but alsoin project procurement and implementation. This in effect guarantees that thegovernment only procures what is needed. If the community can be involved in any orall of the stages of project planning, procurement, and implementation, there would begreater ownership of the project.The principle of community participation is embodied in and supported by the 1987Philippine Constitution, the LGC, and the GPRA. Sections 15 and 16 of the Constitutionrecognize the role of People’s Organizations to “effective and reasonable participation” indecision-making processes.The LGC reinforced the roles and rights of theseorganizations and provided the mechanisms for their participation in local governmentunits.5Strong community participation is a key ingredient in the sustainability of projects. Itaims to increase the inclusion of local expertise, generate local employment, andpromote the use of local materials and indigenous technology, among others. Itenhances community capacity and directly impacts on improving the lives of communitymembers. It also contributes in increasing the trust and confidence of communities inthe government.Community participation is most appropriate for community-based or community drivendevelopment (CDD) projects where community members are partners in the search forsustainable solutions to development challenges. This approach gives control overplanning decisions and investment resources to community groups and localgovernments. It adheres to community involvement in all stages of the project, fromstart to finish.Box 1. Sample of CDD projects First and Second Urban Development Program (Tondo, MetroManila), 1976 and 1979.6 Water works system (Barangay Tabok, Mandaue City, Cebu),1981.7 Under KALAHI-CIDSS1. Public utility passenger boat (Barangay Dungon, Concepcion,Iloilo), 2004;2. Improvement of the main barangay road (BarangayDansalan, Sapad, Lanao del Norte);3. Flood control wall (Barangay Kinabuhayan, Dolores, Quezon);Sections 2, 34, 35, 41, 98-116, and 397 of the LGC (Republic Act 7160).Community Participation in Development Projects, The World Bank Experience, Samuel Paul, February 19877Based on the documentation prepared by Dr. Mario R. Delos Reyes, Associate Professor and Director, Trainingand Extension Services Division, University of the Philippines – School of Urban and Regional Planning565
4. Electrification of the whole barangay (Barangay Olave,Enrique Villanueva, Siquijor);5. Corn Mill (Barangay Magwawa, Santo Tomas, Davao DelNorte);6. Construction of a 6-classroom high school (Barangay Sta.Lucia, Dolores, Quezon);7. Water system rehabilitation (Barangay Don Juan Vercelos,San Francisco, Quezon);8. Construction of communal faucets (Barangay Loboc,Tungawan, Zamboanga Sibugay);9. Drainage system improvement (Barangay Taruc, Surigao delNorte). ADB’s Agrarian Reform Communities I Project (ARCP).Consequently, projects that are not sustainable, do not require the continued activeparticipation of communities, and do not have positive social impacts are not appropriatefor Negotiated Procurement-Community Participation.Some of these include thepurchase of lands, salaries and wages of government staff, repair of governmentfacilities, meeting halls, places of religious worships, political and religious activities,micro-credit activities, road construction into protected areas, activities that exploitwomen and men at any age, employment of minors, travel, and consumption items orevents like fiesta.Community Participation under the LGCThe LGC opened venues for the participation of people’s organizations and nongovernment organizations through the local special bodies and sectoral representation. 8Agencies and offices are also expected to consult with appropriate local governmentunits and community organizations before any project or program is implemented intheir jurisdiction. One of the ways to formally accomplish this is through a BarangayAssembly (BA), which acts as the community’s highest decision-making body.Composed of “all persons who are actual residents of the barangay” 9 , its resolutionsexpress the will of the people in the community. The BA meets at least twice a year todiscuss barangay activities, finances, and problems. It is called upon by the PunongBarangay, or of at least four (4) members of the SB, or through a petition of at least fivepercent (5%) of assembly members.10According to LGC Chapter 6 Section 398, the powers of the BA are the following: Initiate legislative processes by recommending to the SB the adoption ofmeasures for the welfare of the barangay and the city or municipality concerned;Decide on the adoption of initiative as a legal process whereby the registeredvoters of the barangay may directly propose, enact, or amend any ordinance; andHear and pass upon the semestral report of the SB concerning its activities andfinances.All LGUs are also mandated to convene a multi-sectoral local development council thatwill set the direction for economic and social development, and coordinate developmentefforts in the locality.11 For barangays, the BDC, headed by the Punong Barangay, iscomposed of the sangguniang barangay, representatives from the NGOs, Congressman.Amongst its key functions are to formulate the barangay’s development plan, mobilizeSections 41 and 98 to 116, Republic Act 7160 or the Local Government Code (LGC) of 1991Chapter 6, Section 397 of the LGC10Ibid.11Section 106 of the LGC896
people’s participation, monitor and evaluate programs and projects, and it can formsectoral or functional committees to assist the council in performing its functions. TheLDCs also have an Executive Committee that represents it. In barangays, the ExecutiveCommittee is composed of the Punong Barangay, a representative from the Sanggunian,and a representative from the NGOs.Community Participation in the revised Implementing Rules and Regulations (IRR) of theGPRAThe concept of community participation in this Manual is anchored on Section 53.12 ofthe GPRA IRR, to wit:Community Participation. Where, in the interest of projectsustainability or to achieve certain specific social objectives, it is desirablein selected project components to call for participation of localcommunities in the delivery of goods, including non-consulting services,and simple infrastructure projects, subject to the guidelines to be issuedby the GPPB.As stated above, Community Participation as a form of Negotiated Procurement isallowed only in order to meet specific social objectives or for project sustainability. 12This Manual guides the procuring entity and describes how the community canparticipate as a service provider or contractor as well as its participation in the wholeprocurement process of a project.Defining “community”For purposes of this Manual, community is defined as a group of individuals living inclose proximity to each other 13 . It also includes social groups who share a commonagenda, cause, or interest. Examples of community groups include parent-teacherassociation, association of barangay health workers, farmers, fisherfolk, women, elderly,indigenous peoples, among others. Community groups may or may not be organized.This Manual focuses on ways by which organized community groups may participate ingovernment procurement. Organized groups have a formal structure, democraticallyselected leaders, and adopt a principle of shared responsibility over its actions. ThisManual considers two types of organized groups – registered 14 and non-registered.Registered groups are listed with and possess a certificate from a registering body (e.g.,SEC, DTI, CDA; including those given authority to do so by an implementing agency).This includes, but is not limited to, NGOs, CSOs, CBOs, People’s Organizations, andcommunity labor -COMMUNITY PARTICIPATIONONNEGOTIATEDThis Chapter discusses the key principles that should guide the conduct of procurementusing Negotiated Procurement-Community Participation. It also puts forward a generalprocedure for Negotiated Procurement through Community Participation that can guide aprocuring entity and its BAC. It also presents a simple interpretation of a serviceprovider/contractor’s legal, technical, and financial capability under Section 53.12 of theGPRA and its IRR.The Asian Development Bank (ADB) and The World Bank (WB) allow community participation as a method 14Registration is different from accreditation. Though registration is required for the participation in publicprocurement as contractor/service provider or observer, there are other eligibility requirements for such.127
2.1Guiding PrinciplesParticipation as a key good governance dimension improves the quality andresponsiveness of public spending by aligning procurement with project sustainabilityand social objectives, thereby directly uplifting the economic, environmental, and socialwell-being of the communities. Thus, community participation in procurement shall beguided by the following principles:1. Equity – community members and organizations have equal opportunities toparticipate in decision-making processes of the project: identification,procurement, implementation, monitoring and evaluation, and other relatedprocesses, including equal opportunity in the engagement of communityorganizations as contractors/service providers.2. Participation – policy and mechanisms (e.g., barangay assemblies, projectcommittees, etc.) are provided by the barangay to ensure maximum engagementof the community in decision-making processes. It highlights giving voice tomembers of the community especially those from the marginalized sector. Itempowers intended beneficiaries to influence project outcomes.3. Responsiveness – public spending is geared towards addressing problems andchallenges identified by the community in a manner that is supported by thecommunity.4. Accountability – the answerability of public officials including members of thedifferent project committees to the community. It means that those involved incommunity procurement have clearly defined roles and responsibilities and alldecisions, actions, and project finances are made public.5. Transparency – clarity and simplicity of the policies and procedures, as well asthe openness in their implementation. The community is made aware of everyaspect of project decision-making. Steps are taken to ensure that the rationalebehind decisions made and actions taken are understood.6. Value for money – ensures that communities obtain the optimal benefit fromprojects. The community’s ownership of the project encourages its responsibleuse, extends the project life, and maximizes its beneficial value to thecommunity.The procurement documents, including the contract, should be aligned with theseprinciples, and should contain disclosure/transparency provisions and expected socialimpacts/benefits (e.g., consultation, community monitoring, and social benefits likeincome and livelihood for the marginalized sector, exercise of fair labor practices, etc.).2.2Applicability ConditionsProjects may be procured through Negotiated Procurement-Community Participationwhere the participation of local communities are desirable for project sustainability orto achieve certain specific social objectives.Project sustainability anchors itself on ensuring that project recipients are able to sustainthe project or its activity(ies) even after the initial phase of project implementation oreven if project resources are no longer available. One of the ways to ensure projectsustainability is to increase the community’s ownership of the project and itsoutputs/results. Greater ownership is achieved by sharing with the community decisionmaking powers in all the stages of project life.8
Social objectives are goals that seek to improve the well-being of the community. Thedesired outputs target core problems identified by the community through solutions theyhelped determine. These objectives aspire to empower the community by enhancingtheir knowledge and skills and creating an environment for development. Projects withsocial objectives may also include those that require the delivery of additional benefitsover and above the direct benefit of the goods, non-consulting service, or infrastructurefacility to be acquired.These projects attempt to achieve positive outcomes like poverty reduction, hungermitigation/elimination, access to education, equitable distribution and management ofnatural resources, climate change adaptation/mitigation, disaster risk reduction, genderequality, disease reduction, and job generation, among others.Toward these ends, the following should be established by the procuring entity:1. The project is aligned with the procuring entity’s mandate and strategic ordevelopment plan to efficienctly and economically deliver public service.The objective is to optimize use of public funds in the discharge of governmentfunctions through projects that will achieve the most benefit to the community atthe least cost to the government;2. The project has identified positive social outcomes with community(ies) asits main beneficiary(ies). It is appropriate for projects to be implemented atthe barangay and/or community-level where beneficiaries are clearly identifiablegroup(s) of households/individuals in the same community;3. The project requires community involvement, in part or in whole, for itssuccess and continued implementation.It recognizes the need forcommunity ownership as critical to sustain project outputs/results and achieve itsintended outcomes; and4. The project is aligned with the locality’s development plan(s). Followinglocal government planning processes, development plans (comprehensive,annual, or sectoral) are formulated using participatory mechanisms and tools toexpress the desired social outcomes and objectives of residents of thecommunity. Comprehensive development plans are translated into annual plansfrom which APPs are formulated. These can be subjected to processes ofrevisions and prioritization depending on emerging needs and availability ofresources.5. The Approved Budget for the Contract (ABC) of the project or its component thatwill be procured through Negotiated Procurement-Community Participation meetsthe following thresholds:Procuring Entity1. National Government Agencies2. Government Owned/ControlledCorporations3. Government Financial Institutions4. State Universities and Colleges5. Local Government Units 1st-3rd Class Provinces 1st-2nd Class Cities Highly Urbanized CitiesMaximum Amount(in Philippine 01,000,0002,500,0009
4th Class Province3rd Class City800,0001,750,000 5th Class Province4th Class City600,0001,000,000 6th Class Province5th-6th Class CitiesMunicipalitiesBarangays500,000750,000For foreign funded procurement, the thresholds shall be determined byagreement between the borrowing/implementing agency and the foreign fundinginstitution.6. The project’s contract packaging and terms do not result to splitting ofgovernment contracts for the purpose of evading or circumventing therequirements of the GPRA and its IRR.7. Local Government Units serving as procuring entities are encouraged to utilizeNegotiated Procurement-Community Participation as long as they are recipientsof the Seal of Good Housekeeping or Seal of Good Governance from theDepartment of the Interior and Local Government (DILG) or have shown a provencapacity to procure and manage community based projects.2.3Procedural GuidelinesThe following are the procedural requirements for the use of Negotiated ProcurementCommunity Participation:A. Planning and Identification151.The end user unit shall identify project proposals in line with the procuringentity’s strategic plan, key results areas, and major final outputs that will besustainable if implemented with the participation of a target community orwhere the engagement of community participants will lead to theachievement of specific social objectives.2.The end user unit shall prepare the objectives, requirements, estimatedbudget, outputs and target community beneficiary(ies) of the selectedproject and present the same to the local community concerned for review,revision, and acceptance.3.The proposed projects that were accepted by the target community(ies)shall be included in the end user unit’s PPMP and the procuring entity’sapproved APP, indicating that it shall be procured using NegotiatedProcurement-Community Participation. The acceptance by the targetcommunity(ies) shall be evidenced by the project’s inclusion in theirrespective local development plan or in a resolution by the local sanggunianin case of projects for the LGUs.Procuring entities may also follow the participatory processes for project planning, identification, andselection being implemented by government agencies through established community driven developmentprograms, such as the Grassroots Participatory Budgeting Program (GPBP) and KALAHI-CIDSS NationalCommunity Driven Development Project (KC-NCDDP).1510
B. Pre-procurement164.The project or project components, technical specifications or scope of work,and contract packaging shall be finalized by the procuring entity, taking intoconsideration the requisites under Section 2.2 of this Manual and the inputsof the local community(ies) concerned.4.1. For goods, the procuring entity shall ensure that there are clearstandards for quality, function and performance in the technicalspecifications that need to be met. Where applicable, these shallapproximate those of Philippine National Standards (PNS), as specifiedby the Bureau of Product Standards (BPS).4.2. For works, the technical designs and specifications to be used must bein accordance with relevant national, municipal and local design codesand standards for rural infrastructure applicable to local conditions.Construction supervision, quality control, contract management,completion inspection, acceptance, operation and maintenanceprocedures shall be in accordance with the requirements of theprojects.5.The end user unit shall prepare the request for quotation/proposal(RFQ/RFP), which shall indicate a brief description of the goods, nonconsuting services, or simple infrastructure projects to be procured, thetechnical specifications or scope of work, the ABC, the manner and deadlinefor submission of quotations, the terms and conditiions of the project, andother necessary information.C. Posting6.The BAC shall post the RFQ/RFP in the website of the procuring entity (ifany), the premises of the procuring entity, and in at least three (3)conspicuous places where the project will be implemented (e.g., bulletinboard, public transport terminals, public markets, etc.) for a period of seven(7) calendar days.D. Opening and evaluation7.On the date specified in the RFQ, the BAC shall open thequotations/proposals submitted, using a non-discretionary pass or failcriterion, to determine compliance with the requirements and evaluatewhich bidder submitted the Lowest Calculated Bid or Quotation (LCB/LCQ).7.1. The BAC should have obtained quotations/proposals from at least three(3) community-based service provider from the barangay(s) where theproject is located or to be executed. If there are less than three (3)community-based service provider, the BAC shall continue theprocurement process and determine the eligibility of the communitybased service provider(s) that submitted its quotation/proposal. Ifnone are qualified, the invitation may be extended to other barangaysFor national government projects, it is important for the procuring entity and its BAC to coordinate with thelocal government units to ensure that consultation(s) is/are conducted before the procurement begins. This isalso an opportunity to gather more recent information needed to prepare the procurement documents (e.g.,poverty incidence, public places, unemployment data, list of civil society organizations, market conditions,etc.).1611
within the same municipality only. (See Section 2.4 of this Manual fordetermining an eligible community-based service provider)7.28.For the hiring of community labor, proposals are evaluated based onthe labor requirements of the project. (See Section 3.3 of this Manualfor the establishment o
COA Commission on Audit CSO Civil Society Organizations . PPC Project Preparation Committee . local government units and community organizations before any project or program is implemented in their jurisdiction.1 It also requires the formation of a Local Development Council (LDC) that shall have among its functions, the mobilization of .
