Further Amending Provincial Ordinance No. 2011-090 Otherwise Known as the Provincial Revenue Code of 2011

September 17, 2013 Excerpt from the Minutes of the Out-of-Town Regular Session of the 11th Sangguniang Panlalawigan ng Iloilo, Held in the Session Hall of Concepcion Municipal Building, Concepcion, Province of Iloilo on September 17, 2013. PRESENT: Hon. Raul "Boboy" C. Tupas Presiding Officer Hon. June S. Mondejar Floor Leader Hon. Ninfa S. Garin Member Hon. Dennis T. Valencia Member Hon. Demetrio P. Sonza Member Hon. Emmanuel R. Gallar Member Hon. Licurgo P. Tirador Member Hon. Carmen Rita Monfort-Bautista Member Hon. Maria Shalene Palmares-Hidalgo Member Hon. Nielo C. Tupas Member Hon. Jesus C. Salcedo Member Hon. Paulino M. Parian Member (President, PCL) Hon. Jeneda Salcedo-Orendain Member (Pres., Liga ng mga Brgy.) ON LEAVE: Hon. Charmine Padernal Devicente Member (PPSK President) RESOLUTION NO. 243-13 RESOLUTION EMBODYING PROVINCIAL ORDINANCE NO. 2013-102 "AN ORDINANCE FURTHER AMENDING PROVINCIAL ORDINANCE NO. 2011-090 OTHERWISE KNOWN AS THE PROVINCIAL REVENUE CODE OF 2011" Presented for consideration of the Body is Committee Report No. 03, Series of 2013 of the Committee on Ways and Means, chaired by the Hon. Jesus "JR" C. Salcedo, relative to the 1st Indorsement dated July 30, 2013, of Governor Arthur D. Defensor, Sr., requesting favorable action on the letter of Dr. Melba B. Sullivan, Provincial Treasurer, the proposed amendment of Bidders Tender and Infrastructure and Consultancy Fees provided in Section 162 of Provincial Ordinance No. 2011-090, which were previously patterned after the rates of the Department of Public Works and Highways; WHEREAS, the Committee on Ways and Means conducted a committee hearing last August 27, 2013 to deliberate the proposed amendment of Bidders Tender and the Infrastructure and Consultancy Fees provided in Section 5 of Provincial Ordinance No. 2011-090 with the attendance of the Committee Members; Atty. Edgar Sumido Assistant Provincial Legal Officer, Dr. Melba B. Sullivan Provincial Treasurer; Mrs. Elena D. Lim Provincial Budget Officer; Engr. Isagani Baldevieso Provincial Engineer's Office; Mr. Julius Tidon General Services Office; Ms. Agnes Bangero Representative of UNI-ART Supply; Ms. Merle Nufable Representative of C.T. Leoncio Construction and Trading; and Ms. Shirley Margarico Representative of KRS Catering Services; WHEREAS, the proposed amendment of Section 162 of Provincial Ordinance No. 2011-090 pertains to Bidder's Tender and the Infrastructure and Consultancy Fees which were previously patterned after the rates of the Department of Public Works and Highways (DPWH). Since its implementation in 1992, the cost of supply and the preparation of documents for the bidding had already gone up. Further, the proposed rates are based on the standard rates of Government Procurement and Policy Board (GPPB), an agency from the Department of Budget and Management Office (DBM) responsible in the implementation of the procurement law of the Republic of the Philippines not only in the national level but also in the local level. The GPPB standard rates are actually based on a systematic study; WHEREAS, GPPB issued Resolution No. 04-2012 dated February 24, 2012, wherein there are prescribed standard rates for all the cost of bidding documents provided under Section 5 of the said GPPB Resolution. The purposes of these GPPB guidelines are: to provide uniformity and standard rates for the sale of bidding documents; to rationalize the fees primarily; to regulate its price; and to lessen the exercise of discretion of procuring entities so as not to discourage market participation and competition; CAIHTE WHEREAS, the existing rate of Bidder's Tender and the Infrastructure and Consultancy Fees provided in Section 162 of Provincial Ordinance No. 2011-090, is as follows: Section 162. A similar rate as that of the Department of Public Works and Highways for the Bidder's Tender and the Infrastructure and Consultancy Fees under CHAPTER XIV: BIDS AND AWARDS COMMITTEE FEES shall be adopted and an additional item shall be added as: A. Bidder's Tender (Php) Cost of Goods Rate (Php) 200,000 and below P300.00 200,001.00-500,000.00 500.00 500,001.00-1,000,000.00 1,000.00 1,000,001.00-5,000,000.00 5,000.00 5,000,001.00-20,000,000.00 10,000.00 20,000,001.00-50,000,000.00 20,000.00 50,000,001.00-100,000,000.00 30,000.00 100,000,001.00 and above 40,000.00 B. Infrastructure and Consultancy xxx xxx xxx C. Accreditation of Supplies P1,000.00 WHEREAS, the proposed amendment of Bidder's Tender and the Infrastructure and Consultancy Fees provided in Section 162 of Provincial Ordinance No. 2011-090, is to adopt the standard rates for the cost of bidding documents under Resolution No. 04-2012 of the Government Procurement and Policy Board (GPPB), to read as follows: Section 162. The STANDARD RATES FOR THE COST OF BIDDING DOCUMENTS UNDER RESOLUTION NO. 04-2012 OF THE GOVERNMENT PROCUREMENT AND POLICY BOARD (GPPB) and the Infrastructure and Consultancy Fees under CHAPTER XIV: BIDS AND AWARDS COMMITTEE shall be adopted and an additional item shall be added as: A. Bidder's Tender (Php) Cost of Goods Rate (Php) 500,000 AND BELOW 500.00 MORE THAN 500,000 UP TO 1 MILLION 1,000.00 MORE THAN 1 MILLION UP TO 5 MILLION 5,000.00 MORE THAN 5 MILLION UP TO 10 MILLION 10,000.00 MORE THAN 10 MILLION UP TO 50 MILLION 25,000.00 MORE THAN 50 MILLION UP TO 500 MILLION 50,000.00 MORE THAN 500 MILLION 75,000.00 B. Infrastructure and Consultancy xxx xxx xxx C. ANNUAL Accreditation of Suppliers P2,000.00 WHEREAS, it is opened that the said proposed amendment of Section 162 of Provincial Ordinance No. 2011-090 is legal and valid as provided under Section 468 (a) (3) (i) (ii), of the Local Government Code of 1991; WHEREAS, in view of the foregoing considerations, it is recommended then that Amendment of Bidder's Tender and the Infrastructure and Consultancy Fees provided in Section 162 of Provincial Ordinance No. 2011-090, be duly approved; NOW, THEREFORE, on motion of the Honorable June S. Mondejar, Floor Leader, together with the Hon. Jesus "JR" C. Salcedo, Chairperson, Committee on Ways and Means, which was duly seconded. DETACa BE IT RESOLVED, as it is hereby Resolved, by the Sangguniang Panlalawigan ng Iloilo to enact the following provincial ordinance: ILOILO PROVINCIAL ORDINANCE NO. 101-13 AN ORDINANCE FURTHER AMENDING PROVINCIAL ORDINANCE NO. 2011-090 OTHERWISE KNOWN AS THE PROVINCIAL REVENUE CODE OF 2011 SECTION 1. That Section 162 of the said ordinance shall be amended to read as follows, to wit: Section 162. The STANDARD RATES FOR THE COST OF BIDDING DOCUMENTS UNDER RESOLUTION NO. 04-2012 OF THE GOVERNMENT PROCUREMENT AND POLICY BOARD (GPPB) and the Infrastructure and Consultancy Fees under CHAPTER XIV: BIDS AND AWARDS COMMITTEE shall be adopted and an additional item shall be added as: A. Bidder's Tender (Php) Cost of Goods Rate (Php) 500,000 AND BELOW 500.00 MORE THAN 500,000 UP TO 1 MILLION 1,000.00 MORE THAN 1 MILLION UP TO 5 MILLION 5,000.00 MORE THAN 5 MILLION UP TO 10 MILLION 10,000.00 MORE THAN 10 MILLION UP TO 50 MILLION 25,000.00 MORE THAN 50 MILLION UP TO 500 MILLION 50,000.00 MORE THAN 500 MILLION 75,000.00 B. Infrastructure and Consultancy xxx xxx xxx C. ANNUAL Accreditation of Suppliers P2,000.00 SECTION 2. Separability Clause . If, for any reason, any provision of this Ordinance should be held unconstitutional or invalid, other parts or provisions thereof, which are not affected thereby, shall continue to be in full force and effect. SECTION 3. Effectivity . This Ordinance shall take effect after its publication in full for three (3) consecutive days in a newspaper of local circulation, and posting in at least two (2) conspicuous and publicly accessible places, whichever occurs later, pursuant to Article 277 of the Implementing Rules and Regulations of RA 7160, otherwise known as the Local Government Code of 1991. RESOLVED FURTHER, to furnish copies of this Resolution, the Governor, Hon. Arthur D. Defensor, Sr.; Vice Governor, Hon. Raul "Boboy" C. Tupas, all SP Members, all Municipal Mayors, Municipal/City Treasurers and Assessors, the Offices of the Provincial Legal Officer, Treasurer, Bids and Awards Committee through Provincial Administrator Raul Banias, the Provincial Auditor, and the Hon. Jesus "JR" C. Salcedo, Chairperson, Committee on Ways and Means, all of the Province of Iloilo, for their information and guidance. APPROVED. I HEREBY CERTIFY to the correctness of the above-quoted Resolution. (SGD.) ATTY. RAUL S. TIOSAYCO, JR. Secretary to the Sanggunian CONCURRED BY: (SGD.) JUNE S. MONDEJAR Floor Leader ATTESTED BY: (SGD.) RAUL "BOBOY" C. TUPAS Presiding Officer APPROVED: (SGD.) ARTHUR D. DEFENSOR, SR. Governor