Imposing Fees to Bidders for Eligibility and Accreditation

November 3, 2008 Excerpts from the Minutes of the 65th Regular Session of the Eleventh Council of the Sangguniang Bayan of Sto. Tomas, Davao del Norte Held at the Municipal Session Hall on November 03, 2008. Present: Present: Hon. Daniel A. Lu, M.D. Vice Mayor/ Presiding Officer Hon. Daniel S. Batosalem, Jr. Councilor Hon. Wilma P. Salino Councilor Hon. Virgilio R. Recto Councilor Hon. Ernesto T. Evangelista Councilor Hon. Isidro P. Taray Councilor Hon. Julie H. Mantequilla Councilor Hon. Cromwell S. Cocamas Councilor Hon. Gabriel Eric L. Estela, DMD Councilor Hon. Armando H. Torres Ex-Officio (Liga ng mga Barangay) Hon. Joed B. Ani Ex-Officio (Pambayang Pederasyon ng Sangguniang Kabataan) Absent: None STO. TOMAS, DAVAO DEL NORTE MUNICIPAL TAX ORDINANCE NO. 005-08 Sponsored by: Honorable Gabriel Eric L. Estela, DMD Co-sponsors: Hon. Daniel S. Batosalem, Jr., Hon. Wilma P. Salino, Hon. Virgilio R. Recto, Hon. Ernesto T. Evangelista, Hon. Isidro P. Taray, Hon. Julie H. Mantequilla, Hon. Cromwell S. Cocamas, Hon. Armando H. Torres, and Hon. Joed B. Ani AN ORDINANCE IMPOSING FEES TO BIDDERS FOR ITS ELIGIBILITY AND ACCREDITATION AND PARTICIPATE IN ANY BIDDING ACTIVITIES TO BE CONDUCTED BY THE BIDS AND AWARDS COMMITTEE (BAC) AND FOR THE SALE OF BIDDING DOCUMENTS WITH RATES AS SPECIFIED HEREIN BE IT ENACTED by the Sangguniang Bayan of Sto. Tomas, Davao del Norte in a regular session assembled that: SECTION 1. Definition of Terms . The following terms in this ordinance shall mean as follows: TCcDaE a. BAC refers to the Bids and Awards Committee established in accordance with Section II, Article V of R.A. 9184 or otherwise known as Government Procurement Reform Act; b. BIDDING DOCUMENTS refer to documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects, and Consulting Services to be provided; c. GOODS refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects which may be needed in the transaction of public business or in pursuit of any government undertakings, projects or activity, whether in nature of equipment, furniture, stationery, materials for construction or personal property of any kind, including non-personal or contractual services such as the repair and maintenance of equipment and furniture as well as trucking, hauling, janitorial, security, and, related or analogous services, as well as procurement of materials and supplies provided by the procuring entity for such services; d. CONSULTANCY SERVICES refer to services for infrastructure projects and other types of projects or activities of the government requiring adequate external technical and profession expertise that are beyond the capacity and/or capacity of the government to undertake such as, but not limited to: (i) advisory and review services; (ii) pre-investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies; e. CIVIL WORKS include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication facilities, civil works, components of information technology projects, irrigation, flood control and drainage, water supplies, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings, hospital buildings and other related construction projects of the government. cHCIDE SECTION 2. Imposition of Fees and Charges . There shall be imposed fees and charges to the Bidder/s for its eligibility and accreditation and participate in any bidding activities to be conducted by the Bids and Awards Committee (BAC) and for the sale of bidding documents with rates as follows: 1. Registration Fee for Bidder's Eligibility a) all kinds of businesses P500.00/annum 2. Fees for Sale of Bidding Documents classified as follows: a) Goods and Services Per Approved Budget for the Contract Rate/Fees P10,000.00 or below P20.00 10,001.00 to 30,000.00 50.00 30,001.00 to 50,000.00 100.00 50,001.00 to 150,000.00 150.00 150,001.00 to 1,000,000.00 250.00 1 Million above 500.00 b) Civil Works (Material Services) P50,000.00 below P200.00 50,000.00 to P100,000.00 350.00 100,001.00 to 500,000.00 500.00 500,001.00 to 1,000,000.00 1,000.00 1,000,001.00 to 2,000,000.00 2,000.00 2 Million above 3,500.00 c) Civil Works (Services Only) P10,000.00 or below P20.00 10,001.00 to P30,000.00 50.00 30,001.00 to 50,000.00 100.00 50,001.00 to 150,000.00 150.00 150,001.00 to 1,000,000.00 250.00 1 Million above 500.00 d) Consultancy Services P5 Million and below P3,500.00 5 Million above 5,000.00 3. Other Charges: Reproduction of copies of minutes and other documents per page P5.00 SECTION 3. Administrative Provisions . SECTION 3.1. The computation of the fees and charges shall be evaluated and assessed by the BAC Secretariat to be approved by the BAC Chairperson and payment thereof shall be made to the Office of the Municipal Treasurer during office hours. SECTION 3.2. The BAC Secretariat shall issue a certificate of the eligibility of the bidder to participate in any bidding activities and on the payments of the fees made by the bidder for the purpose. SECTION 4. Accounting of Collections . Income from the fees as mentioned under Section 2 shall accrue to the General Fund. SECTION 4.1. Utilization of Funds . Utilization of income derived from this fund shall be in accordance with the accounting policies and auditing rules and procedures. ICcaST SECTION 5. Effectivity . This ordinance shall take effect upon its publication in a newspaper of general circulation and in the Official Gazette within ten (10) days upon its approval. ENACTED AND PASSED, this 3rd day of November 2008. CARRIED AND APPROVED. I HEREBY CERTIFY TO THE CORRECTNESS OF THE ABOVE-QUOTED ORDINANCE. (SGD.) BIENVENIDA L. DIMAYA, MPA Mun. Government Department Head I (Secretary to the Sanggunian) ATTESTED AND CERTIFIED TO BE DULY ADOPTED: (SGD.) DANIEL A. LU, M.D. Vice Mayor/Presiding Officer APPROVED: (SGD.) MAXIMO M. ESTELA, M.D. Municipal Mayor Published in the Official Gazette, Vol. 105, No. 10, page 1384-1385 on March 9, 2009.