PROCUREMENT:

Slide 1:
Title: Procurement
Sec. 12, RA 9369:
"SECTION 12. Procurement of Equipment and Materials. - To achieve the
purpose of this Act, the Commission is authorized to procure, in accordance with
existing laws, by purchase, lease, rent or other forms of acquisition, supplies,
equipment, materials, software, facilities and other services, from local or foreign
sources free from taxes and import duties, subject to accounting and auditing
rules and regulations. With respect to the May 10, 2010 elections and succeeding
electoral exercises, the system procured must have demonstrated capability and
been successfully used in a prior electoral exercise here or abroad. Participation
in the 2007 pilot exercise shall not be conclusive of the system's fitness.

"In determining the amount of any bid from a technology, software or equipment
supplier, the cost to the government of its deployment and implementation shall
be added to the bid price as integral thereto. The value of any alternative use to
which such technology, software or equipment can be put for public use shall not
be deducted from the original face value of the said bid."

Slide 2:
Title: Counterpart in RA 8346 (Old Law)
Sec. 8. Procurement of equipment and materials. - The Commission shall procure
the automated counting machines, computer equipment, devices and materials
needed for ballot printing and devices for voting, counting and canvassing from
local or foreign sources free from taxes and import duties, subject to accounting
and auditing rules and regulations.

Slide 3:
Title: Highlights
1. Specification of the scope of procurement
a. Purchase

b. Lease
c. Rent
d. Other forms of acquisition
2. Tax free acquisition
3. Must have demonstrated capacity and success in a previous election
Slide 4:
Title: Applicable Laws
1. RA 9814: Government Procurement and Reform Act
2. BP 881: OEC

Slide 5:
Title: RA 9814
Gen Rule: Competitive Bidding (Sec. 10, Article IV)
Exceptions: Alternative Forms of Procurement (Sec.48, Art. XVI)
1. Limited Source Bidding/ Selective Bidding
2. Direct Contracting/ Single Source Procurement
3. Repeat Order
4. Shopping
5. Negotiated Procurement
Slide 6:
Title: OEC Provisions
1. Sec. 50, Art. VI: Election of Barangay Officials
- The Local Government shall provide funds for any necessary and
reasonable expenses for the procurement of additional election
paraphernalia
2. Sec. 52, Art. VII:
- The COMELEC is responsible for the procurement of election materials
- Allows for alternative methods of procurement if public bidding is
impractical (via negotiations or sealed bids)