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Citizens’ monitoring of procurement contract implementation: lessons from the Philippines

Citizens’ monitoring of procurement contract implementation: lessons from the Philippines. 31 May 2011 ▪ Kampala, Uganda. Dondon Parafina ANSA-EAP Network Coordinator Ateneo School of Government. What is social accountability?. Enabling environment [ANSA-EAP].

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Citizens’ monitoring of procurement contract implementation: lessons from the Philippines

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  1. Citizens’ monitoring of procurement contract implementation: lessons from the Philippines 31 May 2011 ▪ Kampala, Uganda DondonParafina ANSA-EAP Network Coordinator Ateneo School of Government

  2. What is social accountability?

  3. Enabling environment[ANSA-EAP]

  4. Legal Provision on citizens’ monitoring of procurement SEC 13. Observers. – To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the Commission on Audit, at least (2) observers to sit in its proceedings, one (1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a non-government organization: Provided, however, That observers should be duly registered with the Securities and Exchange Commission and should meet the criteria for observers as set forth in the IRR.

  5. Limitations • “Procurement process” in Section 13 appears to refer only to “bidding process” • No mention of third-party observers in Section 42, IRR Section 42, Annex “D” • Role of third-party observers in contract implementation is only recognized in principle, but the principles of the law are not self-executory (Tañada vs. Angara, 272 SCRA 18, 197)

  6. Need to Transcend Legal Limitation • “Clean” bidding does not ensure good performance during implementation • Citizens have a natural stake in the delivery of public goods and services • Government has limited capacity and resources to monitor implementation • Alternative third-party information validates project assessments

  7. Whattomonitor in contractimplementation? Random Inspection/ Testing Delivery NTP Production Random Counting/ Inspection Processing of Documents Acceptance Processing of Payment Distribution to beneficiaries Payment

  8. Relevant provisions • Fixed price; no price escalation without permission • Warranty • Liquidated damages • Grounds for contract termination • Blacklisting

  9. Red Flags (adapted from Gottbreht)

  10. SAMPLE INITIATIVES CCAGG Road Monitoring Photo by CCAGG

  11. Ateneo School of Government

  12. BayanihangEskwela Community engages DepED and DPWH in school building construction monitoring and inspection Photo by Government Watch

  13. BantayEskwela Community helps check quantity and quality of school furniture Photo by Procurement Watch, Inc.

  14. Photos by Government Watch, Coca-Cola Textbook Count CSOs help check bidding  production  delivery  distribution Ateneo School of Government

  15. 2003 Ad 2004 Ad Help our students get their books on time. To volunteer as a textbook delivery watcher in your school, call the following numbers…

  16. NEW DELIVERY SYSTEM

  17. Citizen volunteer signs IAR • If IAR is signed by CSO, DepEd Division Office need not inspect deliveries in the districts and high school • DepED saves in monitoring and inspection expense • Supplier can process payment faster For 3rd party CSO monitor

  18. Lessons Legal basis Government agency’s support Dissemination of information Innovation in coalition building and volunteer mobilization Simplicity of tools Capacity building for citizens Clarity of mission and expected result

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