Beruflich Dokumente
Kultur Dokumente
MEMORANDUM CIRCULAR
No.______, Series of 2014
TO
SUBJECT
I.
LEGAL BASES
E.O. No. 43, Series 2011, organizing the Human Development and Poverty
Reduction Cluster (HDPRC), among others, with mandate of implementing
Bottom-Up Budgeting (BUB) to ensure the inclusion of the funding requirements
for the development needs of focus cities and municipalities in the budget
proposals of participating agencies
Chapter XIV, 406010001- Provision for Potable Water Supply, Local Access and
Other Projects under Republic Act 10633 (FY 2014 General Appropriations Act)
Joint Memorandum Circular No. 3, series of 2012, among DBM, DILG, DSWD
and NAPC, providing Policy Guidelines and Procedures in the Implementation of
Bottom-Up Budgeting (BUB) for FY 2014 Budget Preparation
II. BACKGROUND
The National Government, as pronounced in the Philippine Development Plan for
2011-2016, shall pursue the Millennium Development Goal of reducing poverty in the
country from 26.50% in 2009 to 16.6% by 2015.
As a strategy of converging programs of National Government Agencies (NGAs) with
the needs of the communities and the delivery of municipal services by Local
Government Units (LGUs), the Bottom-Up Budgeting (BUB), now known as
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will directly address the needs of the poor constituencies and the marginalized
sectors in the LGU.
c. Local Poverty Reduction Action Team (LPRAT) the group, chaired by the
Local Chief Executive (LCE) and composed of CSO and government
representatives, that spearheads the formulation and monitoring of the LPRAP.
CSO members shall be composed of NAPC-identified Basic Sector
representatives, a Pantawid Pamilya Parent-Leader, a leader from a DOH
organized Community Health Team, leaders of CSOs accredited by LGUs,
leaders of CSOs accredited or recognized by NAPC, DSWD, DBM, DILG and
other national government agencies, and private sector representative. Member
from the government shall be composed of the Sangguniang Lungsod/Bayan
Chairperson on Appropriation, heads of local agencies such as the Planning
Officer, Budget Officer, Agricultural Officer, Social Welfare and Development
Officer, Health Officer, DSWD Municipal Links and the DILG City/Municipal Local
Government Operation Officer.
d. Poor refers to individuals and families whose income fall below the poverty
thresholds as defined by the National Statistical Coordination Board. These are
those who cannot afford to provide for their minimum basic needs of food, health,
education, housing and other essential amenities of life in a sustainable manner.
e. Basic Sectors refer to the disadvantaged sectors of Philippine society, namely:
farmers-peasant, agrarian reform beneficiaries, artisan fisher-folk, workers in the
formal sector and migrant workers, workers in the informal sector, indigenous
people and cultural communities, women, differently-abled persons, senior
citizens, victims of calamities and disasters, youth and students, children and
urban poor.
f. Civil Society Organizations (CSOs) include non-government organizations
(NGOs), People Organizations (POs), cooperatives, trade unions, professional
associations, faith-based organizations, media groups, indigenous people
movements, foundations, and other citizens groups formed primarily for social
and economic development to plan and monitor government programs and
projects, engage in policy discussions, and actively participate in collaborative
activities with government.
g. Private Sector - refers to organizations of business individuals or entities such as
business chambers, and the like. It is considered a prime engine in the economy
to promote development via investment and employment.
h. Community-Based Monitoring System (CBMS) - an organized process of data
collection and processing at the local level and integration of data to local
planning, program implementation and impact monitoring. It promotes evidencebased policymaking and program implementation while empowering communities
to participate in the process.
i.
j.
Proponent LGU - the LGU who has the jurisdiction over the proposed
subproject, including the operations and maintenance. The LGU could also be
the Implementing Partner provided said LGU is capable to implement based on
the criteria stipulated in Section VII A.2 of the MC.
k. Implementing Partner as the LGU or any entity who will be responsible in the
procurement and implementation of the subproject. For water supply projects, the
Implementing Partner shall also be responsible in the preparation of the Detailed
Engineering Design.
l.
B. LGU Counterpart
B.1 In case the subproject cost is more than the subproject allocation, the
Proponent LGU shall provide cash counterpart equivalent to the excess in
subproject allocation. The counterpart to be provided must be sourced from
LGU funds. This shall be formalized and included by the LGU in its AIP and
Annual Budget. In such a case, the LGU counterpart shall be provided
through an Appropriation Ordinance.
B.2 Proponent LGU may also provide counterpart in cash or in kind to finance
the preparatory and subproject implementation activities mentioned in
Section VII.F.1.b.
VII. GUIDELINES IN ACCESSING THE GPBP DILG FUND
To ensure the smooth and efficient implementation of the above projects the
following guidelines shall be followed:
A. ELIGIBILITY ASSESSMENT OF IMPLEMENTING PARTNERS
1. The Implementing Partner is defined as the LGU or any other entity who will
be responsible in the procurement and implementation of the subproject. For
water supply projects, the Implementing Partner shall also be responsible in
the preparation of the Detailed Engineering Design.
2. As a general rule, the LGU (herein referred to as the Proponent LGU) who
has the jurisdiction over the proposed subproject, including the operations
and maintenance, shall be the Implementing Partner provided said LGU is
capable to implement based on the criteria stipulated in the following section.
3. Consistent with Section 5.10 of DBM-DILG-DSWD-NAPC Joint Memorandum
Circular No. 3, Series of 2012, dated 20 December 2012, the Implementing
Partner must meet eligibility requirements to implement the GPBP
subprojects. Regional Offices shall conduct eligibility assessment of the
proposed Implementing Partners based on the following:
3.1 A recipient of the DILGs SGH, based on latest available approved
assessment result from the Bureau of Local Government Supervision
(BLGS).
3.2 Has made substantial progress in implementing its Public Financial
Management (PFM) Improvement Plan as determined by DBM.
3.3 Has the capacity to implement the project based on the following
parameters:
a.
b.
c.
d.
REQUIRED DOCUMENTS
Training
Survey
Water
Supply
Equipment
Infrastructure
TYPES OF PROJECT
SN
REQUIRED DOCUMENTS
Training
Survey
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7
10
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Technical Specifications
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Infrastructure
Equipment
Water
Supply
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c.
Proponent LGU shall commit to shoulder the cost for the regular
maintenance and repair of completed subproject/s, among others.
MOAs shall be signed five (5) days after subproject approval but
not later than 15th July.
LWUA/Water District
Provincial Government
AFP Engineering Brigade
CSOs/NGOs
State Universities/ Academes
National Agencies
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In case the Implementing Partner has not complied within the seven (7)day period, DILG-RO through the DILG-CO shall recommend to DBM for
the inclusion of the Implementing Partner in the list of poor performers.
j.
All review and approval shall be completed on or before the 3rd week of
October 2014
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C. MODE OF IMPLEMENTATION
C.1 The mode of implementation for all GPBP/BUB subprojects may be done
through any of the following:
a. By Administration
b. By Contract
c. By Contract for Design and Build Infrastructure Projects
C.2 Subprojects to be Implemented By Administration
a. Implementing Partner may implement the subprojects by administration
b. In areas where there are issues on peace and order or security, AFP
Engineering Brigade may be tapped as the Implementing Partner
c. Procurement of materials/goods shall strictly follow RA 9184 and its IRR
C.3 Subprojects to be implemented by Contract
a. Implementing Partner shall strictly follow the Implementing Rules and
Regulation on Competitive Bidding pursuant to RA 9184 (Government
Procurement Reform Act).
b. The Implementing Partner shall start the posting and advertisement of
Invitation to Bid (ITB) within 5 days after issuance of the CAF by the
DILG Regional Office. The Implementing Partner shall submit to the
DILG-RO through the PD a copy of the ITB as published on the
newspaper and PhilGEPs, within two (2) days after publication and
posting. The Implementing Partner shall complete the bidding process
following the timelines stipulated in RA 9184 as summarized in Annex
E.
c. The Implementing Partner shall invite the DILG Provincial Director or his
duly authorized representative to observe during the bid opening. The
DILG-RD may also be invited to observe.
d. In the event of a failed bidding, the Implementing Partner shall
immediately start the re-bidding process within five (5) days after the
BAC has issued a resolution declaring a failure of bidding, in accordance
with the timelines set-forth in RA 9184. Within the same period, the
Implementing Partner shall submit to DILG-RO a revised PFP indicating
the revised target dates for the bidding.
e. In the event the Implementing Partner will have to resort to negotiated
procurement after two (2) failed biddings, the Implementing Partner shall
commence the negotiation within five (5) days after the BAC has issued
a resolution declaring a failure of bidding and complete the negotiation
within 15 days.
f. In case of failure in the two (2) biddings and the negotiated procurement,
the Implementing Partner shall seek clearance from the DILG-RO to
implement the subproject by Administration. In such a case, the
procurement of materials/goods shall adhere to RA 9184. Likewise, the
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Annex F provides the complete agenda in the conduct of the PreConstruction Conference
c. Consistent with RA 6685 dated 12 December 1988, the Implementing
Partner shall ensure that the Contractor hires at least fifty percent (50%)
of the unskilled and at least thirty percent (30%) of the skilled labour
requirements from the available bona fide residents in the province, city
or municipality where the subproject is located. The Implementing
Partner shall ensure that the following are strictly observed: (1) adoption
of the standard labour salary rate, (2) adoption of rotation process, as
possible, to accommodate as many community members in the labour
force, (3) transparency in the criteria for selection, and (4) prioritizing
those from the community with no current employment and are abled.
d. The Implementing Partner shall cause the Contractor to submit a
monthly report on the labour force employed within the subproject based
on the format shown in Annex G, as part of the Monthly Physical
Accomplishment Report stipulated in Item E.1.f below.
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Leakage/hydro testing/commissioning
Water sampling for potability (before, during and after construction)
2. For Other Infrastructure Projects
Pouring of concrete
Soil testing
Field density test
Testing and commissioning
RCPC laying
Materials testing
j.
k. Within one (1) week upon submission of the Contractors request for
Final Inspection of the subproject, the Implementing Partner shall
conduct joint final inspection with representatives from DILG-RO and to
the extent possible with the participation of the Partner CSOs.
l. Within one (1) week upon submission of the Contractors request for
Final Inspection of the subproject, the Implementing Partner shall also
request COA inspection.
m. The Implementing Partner shall organize ceremonial inauguration to
officially turn-over the completed subproject to the LGU who will operate
and maintain the subproject.
n. The Implementing Partner shall prepare and submit to DILG Regional
Office the Subproject Completion Report (SPCR), within one (1) month
after completion, which should include the following documents:
i.
ii.
iii.
d. The DILG-RO, through the PDMU, shall evaluate all submitted reports
by the Implementing Partners/Proponent LGU. For the following cases:
e. Poor quality of works - The PDMU shall check the results of quality
control tests conducted by the Contractor, among others.
f. Annex I shows the list of minimum QC tests that should be conducted by
the Contractor per type of subproject. The DILG Regional Office shall
conduct at least two (2) separate quality control tests to validate quality
of the subproject preferably the Field Density Test for Earthworks and
Coring Test for PCCP.
g. In case there is a reported stoppage of work for unknown reasons or the
Contractor has abandoned the subproject, the DILG-RO, through the
PDMU, P/CD and MLGOO shall advise the Implementing Partner to
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g. DILG RO shall release the funds within seven (7) days upon satisfactory
compliance of the requirements. It shall issue the check in the name of
the Implementing Partner for deposit to the Implementing Partners Trust
Account maintained for the purpose. For its part, the Implementing
Partner shall issue the corresponding official receipt in acknowledgment.
h. Regional Directors are given authority to act on, sign and/or approve
contracts, disbursement vouchers, checks, liquidation reports with
amounts equivalent to the approved subproject costs stipulated in the
MOAs with the Implementing Partners, and all other related documents
pertaining to the implementation of the Projects, subject to the usual
accounting and auditing rules and regulations.
i. The DILG RO shall officially inform the concerned Regional and Local
Resident Auditors that a check has been issued to the Implementing
Partner, immediately after issuance of the check.
j. The Implementing Partner shall deposit the Cash Counterpart Fund in
the Trust Account before the release of the 1st tranche stipulated in
Section VI.B.1 of this Guidelines. The Cash Counterpart Fund shall be
fully disbursed before the release of the last Tranche.
F.3 Documentary Requirements for Fund Releases
a. The complete list of requirements for Fund Releases is shown in Annex
J.
b. In consideration of the time needed to secure the necessary permits,
licenses, certificates, clearances, and other documentary requirements
from other National Government Agencies (NGAs), except for the (i) no
build zone certification, and (ii) first water potability test (during source
validation), which shall be submitted together with the project proposal,
shall be complied with as indicated below:
b.1 For Various Programs/Projects for LGUs, Local Access Road
and Other Projects:
i. Prior to the Release of the First Tranche copies of the
applications:
ii.
ii.
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a.7 All fund transfers shall be liquidated one (1) month after the
completion of each subproject. The Implementing Partner shall
submit Summary Report showing all fund deposits and actual
disbursements provided that the Implementing Partner has
submitted all the Audited Monthly Reports. In case the
Implementing Partner failed to submit such reports, an Audited
Consolidated Report including a separate opinion from the Auditor,
as to whether the fund has been used for the purpose, shall be
submitted to the DILG RO.
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a.8
B. Regional Offices
The Regional Offices shall take the lead and be responsible for the efficient and
effective implementation of the Projects at the local level, and shall take
appropriate measures to ensure that the Funds transferred to Implementing
Partners are used for the intended purpose.
B.1 The Regional Director shall:
Organize Provincial Technical Working Groups (PTWGs) in all
participating provinces to review and approve proposals and Technical
Designs for subprojects amounting to Php 1.00 Million and below
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On behalf of the DILG, enter into a MOA with the Implementing Partners
for the implementation and release of funds for the subprojects
Enter into Partnership Agreement with service providers for the DED
preparation and implementation of capacity development activities
Approve/disapprove subproject proposals and DED for subprojects above
Php 1.00 Million
Sign and/or approve contracts, disbursement vouchers, checks, liquidation
reports relative to Project implementation
B.2 The Regional Offices, thru the Project Development and Management Units
(PDMUs) shall take the lead and be responsible for the efficient and effective
implementation of the Projects at the local level. The PDMUs shall be
responsible for the following:
Regional fund management, which includes among others, review of
documents submitted by Implementing Partners prior to release of funds,
and verifying satisfactory compliance of requirements
Regional physical and financial planning;
Review, assessment and validation of the proposed subprojects;
Eligibility assessment of LGUs
Review, evaluation and approval of subproject proposals and DED;
Implementation of subprojects, as necessary
Provision
of
advisory and
technical
assistance
to
DILG
Provincial/Municipal Offices and Implementing Partners, in the
development, implementation, operation and management of subprojects
Ensuring
the
compliance
to
requirements
of
Proponent
LGUs/Implementing Partners
Provision of capacity development assistance to Implementing Partners;
Provision of support to the Provincial and Municipal Offices in the
monitoring and evaluation of subprojects
Preparation and submission of Physical and Financial Accomplishments
of all GPB/BUB projects to DILG Central Office thru FMS and OPDS
Preparation of regular alert status reports that will provide management
advance information on what is happening on the ground that will guide in
addressing possible bottleneck
Regular consultations/dialogues with LGUs and other stakeholders
Conduct of separate quality control tests, as necessary
C. DILG Provincial/City/Municipal Offices
The Provincial/City Directors and MLGOOs shall assist the DILG Regional
Office in overseeing the implementation of the Projects at the local level. The
DILG Provincial/City Director or his/her duly designated representative shall act
as the GPBP-Focal Person in the Province/City. The MLGOO shall serve as the
GPBP-Focal Person in the municipality. The Provincial/City Director and MLGOO
shall be responsible for the following:
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Progress Monitoring
A.1 DILG-PMOs
a. Conduct regular site visits and spot checks in all phases of subproject
implementation, whenever necessary
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shall be
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B.4 DILG-PMOs and ROs shall post subproject implementation status on their
respective websites. Full disclosure of subproject information and status of
implementation is encouraged through tri-media.
B.5 Third party monitors engaged by GPBP-PMO shall monitor to validate
subproject status.
C. Project Evaluation
Data on specific social and economic indicators shall be regularly collected in
GPBP/BUB project sites to aid in outcome evaluation.
D. Information Dissemination and Institutional Learning
DILG PMOs and ROs shall establish processes and mechanisms for the
regular sharing of findings from monitoring and evaluation initiatives. This will
include sharing of information on challenges encountered, good practices and
lessons learned from program implementation. These are envisioned to feed
into planning and programming to facilitate institutional learning.
IX. TIMELINES TO BE OBSERVED
The DILG and the Implementing Partners/Proponent LGU shall adhere to the
timelines stipulated in the GAA FY 2014 and in this Guidelines, summarized in
Annex M.
X.
In case the subproject is partially or fully cancelled due to the fault of the
Implementing Partner, the Implementing Partner shall be obliged to return the
unexpended balance of the released portion of the funds or the pertinent portion
related to the cancelled component of the subproject, whichever applies without
prejudice to paragraph C hereof.
B. Suspend/withhold the release of the final tranche if any of the following
occurs:
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The
DILG, during the conduct of review and monitoring activities
determines that: (i) the procurement of any contract is inconsistent with RA
9184 provisions (ii) Implementing Partner is performing unsatisfactorily in
the implementation and execution of the subproject or in the event that
substantial slippage in implementation is incurred
Implementing Partner will be given a period of one month to resolve the issue,
improve performance or remedy the situation. However, termination will be
resorted to only, if Implementing Partner, having been duly notified, does not
make any effort to institute measures that will address issues at hand.
C. File the appropriate civil, criminal and/or administrative case against the
concerned local public official/s for acts or omissions in relation to the
performance of its duties under this Memorandum Circular.
XI. EFFECTIVITY
This Memorandum Circular shall take effect immediately.
MAR ROXAS
Secretary
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