Procedure on Delegated Negotiated Procurement on Emergency Cases in Times of Calamity

May 23, 2022

OCA CIRCULAR NO. 114-2022

 

In its Resolution dated 19 March 2022 in A.M. No. 22-02-03-SC (Re: Request of Bids and Awards Committee for the Halls of Justice, Office of the Court Administrator, for Delegated Authority to Conduct Negotiated Procurement under Emergency Cases), the Court en banc approved the recommended delegation of authority to conduct Negotiated Procurement under Emergency Cases in favor of the Executive Judges and/or Vice Executive Judges in multi-sala stations, and Presiding Judges of single-sala courts, whose stations/premises are affected and/or damaged by any calamity, on the following matters:

1. Procurement of maintenance supplies 1 or supplies for repair; 2

2. Procurement of lease of real property to serve as temporary courthouses of severely damaged Halls of Justice or court offices; and,

3. Procurement of works contractor for the repair of Halls of Justice or court offices/facilities owned by the Supreme Court.

In case of procurement of lease of real property, the approved delegation includes the authority, for and on behalf of the Court, to (i) enter into and sign usufruct or lease agreements with local government units and/or institutions which may entail the payment of recurring utility expenses, such as electricity and water; and (ii) enter into and sign usufruct or lease contracts with the local government unit and/or institutions or private lessors for the procured usufruct or lease of real property which shall be used as temporary courthouse or office.

Based on Section 53.2 of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act, the following are the instances when negotiated procurement under emergency cases may be resorted to:

i. In case of imminent danger to life or property during a state of calamity, or

ii. When time is of the essence arising from natural or man-made calamities, or

iii. Other causes where immediate action is necessary:

a) To prevent damage to or loss of life or property, or

b) To restore vital public services, infrastructure facilities and other public utilities.

As such, the following are the proposed procedures on the delegated negotiated procurement on emergency cases in times of calamity as approved by the Court en banc:

I. Pre-Procurement Stage/Initiatory Stage

a. The Executive Judge/Presiding Judge shall submit to the Court Administrator, copy furnished the Office on Halls of Justice (OHJ), a letter-request for the declaration of emergency and delegation of authority to conduct negotiated procurement under emergency cases. To validate the emergency sought to be addressed, the request must be accompanied by a detailed report on the extent of the damage on the Hall of Justice needed to be repaired which shall contain, but not limited to, the following details:

i. Itemized scope of damage with photographs and/or list of goods to be procured to address the emergency;

ii. Estimated cost of the project to be prepared by the Maintenance Unit of the Hall of Justice, or in the absence thereof, by the Provincial/City/Municipal Engineer of the local government unit where the court is stationed, upon request for assistance by the court concerned; and,

iii. Effect of the damage, either present or impending, on the court properties and case records as well on the operations and proceedings of the courts.

b. The Court Administrator, having found the request meritorious, shall recommend to the Chief Justice, to whom the following have been delegated by the court en banc, the (a) approval of the request for the declaration of emergency, (b) revision of the Annual Procurement Plan (APP) to cover the procurement project — subject to the validation by the Fiscal Management and Budget Office that there are funds in the budget to cover the same, and (c) delegation of authority 3 to the Executive Judge/Presiding Judge to conduct negotiated procurement under emergency cases.

c. The Court Administrator shall issue, upon receipt of approval by the Chief Justice of the foregoing recommendations, the written delegated authority to conduct negotiated procurement under emergency cases to the Executive Judge/Presiding Judge.

d. Upon receipt of all necessary/complete data from the affected courts the OHJ shall prepare, within the prescribed period, the procurement documents, such as Scope of Works, Plans and Drawings, Budget Cost Estimate, and Implementation Schedule.

e. After completion of the required procurement documents, the OHJ shall immediately transmit them to the Executive Judge/Presiding Judge concerned for the conduct of the delegated authority to directly negotiate with a prospective contractor or supplier, viz.:

1. Request for Quotation/Proposal Form containing the instruction for the prospective contractor or supplier to submit its accomplished Proposal Form together with the following documents as required under Appendix A of Annex "H" of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184:

i. Mayor's/Business Permit

ii. PCAB License 4

iii. Net Financial Contracting Capacity (NFCC) — for ABCs above Five Hundred Thousand Pesos (P500,000.00) 5

iv. Income/Business Tax Return — for ABCs above Five Hundred Thousand Pesos (P500,000.00)

v. Omnibus Sworn Statement — for ABCs above Five Hundred Thousand Pesos (P500,000.00)

vi. Performance Security 6

2. Procurement Documents

i. For infrastructure projects —

• Scope of Works

• Plans and Drawings

• Technical Specifications

• Implementation Schedule

ii. For Goods and Lease of Real Property

• Technical Specifications

• Delivery Schedule (for goods)

II. Negotiation Proper

a. Upon receipt of the Request for Quotation/Proposal Form and other documents, the Executive Judge/Presiding Judge shall immediately look for a contractor/supplier to implement the project and require the accomplishment and submission of the Proposal Form and the required documents listed in the Request for Quotation/Proposal.

b. After determining that the prospective contractor/supplier submitted true and complete documents as provided in the Request for Quotation/Proposal, the Executive Judge/Presiding Judge shall forward the documents to the Office of the Court Administrator (OCA), within three (3) days from completion of the required documentation, with the following recommendations:

i. to declare the said prospective contractor/supplier as legally, technically and financially capable to undertake the emergency project; and,

ii. award of the contract to the said prospective contractor/supplier.

c. The Executive Judge/Presiding Judge shall complete the process of negotiation and transmittal of the recommendation for the award of the contract to the OCA within one (1) month from notice of his delegated authority.

III. Review and Award of Contract

a. Upon receipt of the recommendation of the Executive Judge/Presiding Judge for the award of the contract together with the documents submitted by the prospective contractor/supplier, the Court Administrator shall review within two (2) days from receipt of the required documents, with the assistance of the OHJ, the completeness of the documents submitted and the compliance with the provisions of the 2016 Revised Implementing Rules and Regulations of RA 9184.

b. After determining such completeness and compliance, the Court Administrator shall approve, or recommend to the Chief Justice for approval, whichever is applicable, the award of the contract.

IV. Period of the Negotiated Procurement under Emergency Cases

In no case shall the procurement of the services and/or goods needed to address the emergency situation extend beyond three (3) months, counted from the time the Executive Judge/Presiding Judge receives the notice of delegated authority to conduct Negotiated Procurement under Emergency Cases.

In the event that said emergency procurement is not yet completed at the end of the three (3)-month period, the Executive Judge/Presiding Judge shall make a written request to the Court Administrator, who may grant a one-time extension of the delegated authority to conduct Negotiated Procurement under Emergency Cases, which shall not go beyond three (3) months.

For information and guidance.

(SGD.) RAUL BAUTISTA VILLANUEVACourt Administrator

Footnotes

1. Examples are light bulbs, doorknobs, plumbing materials and other necessary materials.

2. Examples are roofing, ceiling and other construction materials essential for the preservation of the Hall of Justice or court office.

3. Item J (Delegation of Authority), Annex "H" of the 2016 Revised Implementing Rules and Regulations of RA 9184.

4. For infrastructure projects only.

5. For infrastructure projects only.

6. For infrastructure projects only; Section 54.5, 2016 Revised Implementing Rules and Regulations of RA 9184.