Department of Education(DepEd)

I would like to request for copies of documents relating to the direct contracting procurement of services and goods by the Department of Education during the 3rd and 4th quarters of the year 2019 for the implementation of its K-12 program.

Specifically, I am requesting for copies of the following documents relating to the direct contracting procurement of services and goods by the Department of Education during the 3rd and 4th quarters of the year 2019 for the implementation of its K-12 program, including, but not limited to, the following documents for each direct contracting procurement: 1. Approved Procurement Plan; 2. Purchase Request duly approved by proper authorities; 3. Technical Specifications/Terms of Reference; 4. Study / survey done to determine that there are no sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government; 5. Copy of letter to selected manufacturer / supplier / distributor to submit a price quotation and conditions of sale; 6. Certification from the agency authorized official that there are no sub-dealers selling at a lower price and for which no suitable substitute can be obtained at more advantageous terms to the government; 7. Certificate of Exclusive Distributorship issued by the principal under oath and authenticated by the embassy / consulate nearest the place of the principal in case of foreign suppliers; 8. Certification of the Bids and Awards Committee in case of procurement of critical plant components and / or to maintain certain standards; 9. Sworn statement of the prospective bidder that it is not blacklisted or barred from bidding by the Government or any of its agencies, offices, corporations or local government units; 10. Sworn affidavit of the bidder that it is not related to the Head of Procuring Entity by consanguinity or affinity up to the third civil degree; 11. Performance and warranty securities, except for shopping and negotiated procurement under emergency cases, small value procurement, lease of real property and United Nation agencies; 12. Certificate of PhilGEPS Registration of manufacturer / supplier / distributor; 13. In case of direct contracting with a foreign supplier, a certification that the goods are not available from local suppliers; 14. Other documents peculiar to the contract and / or the mode of procurement.

A. Letter of Request Dear FOI receiving officer, I am writing this letter to your good office to request for certain procurement related documents, specifically discussed further below, from the Department of Education ("DepEd") in relation to my research project. Freedom of Information ("FOI") is a right enshrined in our fundamental law. It refers to the right of the people to information on matters of public concern. It is the right of every citizen to access official records, documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development (Sec. 7, Art. III, 1987 Constitution). So as not to render this right ineffectual brought about by the lack of a law therefor, President Rodrigo Roa Duterte passed Executive Order ("EO") No. 2, series of 2016, which implemented the FOI Program in the executive branch. The latter was issued to promote the public's right to information through disclosure of appropriate public documents. This is part of the government's initiative to inculcate transparency in its transactions and in order to ensure public trust through the promotion of checks and balances. Generally, all requests for documents through the invocation of the right to information can be coursed through the electronic FOI ("eFOI") government website http://www.foi.gov.ph. The eFOI portal is a central platform for citizens and government agencies to facilitate online FOI requests. It provides a tracking system for citizens to follow their lodged requests as well as statistics on all online FOI requests, the response time involved per transaction, and the corresponding outcomes. As part of my research project, I am specifically requesting your good office to provide me a copy of documents in relation to DepEd's Direct Contracting transactions during the 3rd and 4th quarters of the year 2019, as per the checklist of requirements for Direct Contracting published by the University of the Philippines Diliman Supply and Property Management Office: 1. Approved Procurement Plan; 2. Purchase Request duly approved by proper authorities; 3. Technical Specifications/Terms of Reference; 4. Study / survey done to determine that there are no sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government; 5. Copy of letter to selected manufacturer / supplier / distributor to submit a price quotation and conditions of sale; 6. Certification from the agency authorized official that there are no sub-dealers selling at a lower price and for which no suitable substitute can be obtained at more advantageous terms to the government; 7. Certificate of Exclusive Distributorship issued by the principal under oath and authenticated by the embassy / consulate nearest the place of the principal in case of foreign suppliers; 8. Certification of BAC in case of procurement of critical plant components and / or to maintain certain standards; 9. Sworn statement of the prospective bidder that it is not blacklisted or barred from bidding by the Government or any of its agencies, offices, corporations or LGU; 10. Sworn affidavit of the bidder that it is not related to the Head of Procuring Entity by consanguinity or affinity up to the third civil degree; 11. Performance and warranty securities, except for shopping and negotiated procurement under emergency cases, small value procurement, lease of real property and United Nation agencies; 12. Certificate of PhilGEPS Registration of manufacturer / supplier / distributor; 13. In case of direct contracting with a foreign supplier, a certification that the goods are not available from local suppliers. Goods are not available from a local supplier when, any time before advertisement for their procurement, it is determined that no local supplier is capable to supply the required goods to the Government, in which case, foreign suppliers, manufacturers and / or distributors may be invited to participate in the bidding; 14. Other documents peculiar to the contract and / or the mode of procurement and considered necessary in the auditorial review and in the technical evaluation. I am willing to pay the requisite fees for this request. Should you have questions or require any clarification, please do not hesitate to let me know. Thank you very much. Best regards, Maria Veronica Manalo

B. Short abstract and Intended Output Intended Output: Comparative analysis of various Direct Contracting projects handled by the Department of Education during the 3rd and 4th quarters of the year 2019. Short Abstract: Rule XVI of Republic Act ("R.A.") No. 9184 enumerates the various alternative methods of procurement, which a procuring entity may resort to whenever justified by the conditions provided for by law and in order to promote economy and efficiency in government transactions. Section 50 of R.A. No. 9184 deals with Direct Contracting, which is described as a single source procurement of goods that does not require elaborate Bidding Documents. The supplier is simply asked to submit a price quotation or a pro-forma invoice together with the conditions of sale. The offer may be accepted immediately or after some negotiations. As part of my research project, I intend to publish a comparative analysis of the various Direct Contracting projects handled by the Department of Education during the 3rd and 4th quarters of the year 2019. This can help the public know more about the government's procurement transactions, particularly focused on Direct Contracting activities.