Procedure for the procurement of consulting service - DOH

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MANUAL PROCEDURES FOR THE PROCUREMENT OF CONSULTING SERVICES the agency they were working before going on leave, since their employment would create a conflict of interest. 3.2.8 Organization of Consultants The umbrella organization of consultants recognized by the Government shall be composed of the various organizations of consultants that may be engaged by the Government under this IRR and shall accredit its members on the types of services and fields of professions where the members are technically and financially qualified to offer their services. The umbrella organization shall prepare and certify a list of fields and expertise in such fields available with the names of the accredited local consultants which shall be updated annually or as often as necessary and disseminate such list to concerned agencies of the Government. It shall likewise regulate its members for the development of the industry. The Government may consult and deal with this umbrella organization on matters relating to the industry. The GPPB shall be the appropriate government body that shall recognize the consultants‟ umbrella organization (Annex “B” General Principles on Consulting Services, Item 5.1 of the revised IRR). The umbrella organization may submit its files of accredited consultants to the BAC of the procuring entity in accordance with the form prescribed by the BAC which can serve as registration of the consultants under the next succeeding Subsection: Provided, however, that such each accredited consultant shall comply with the eligibility requirements provided in the revised IRR. Such qualification statements, together with the list of accredited consultants prepared in accordance with the immediately preceding section, shall guide the BAC in determining the fields where Filipino consultants are already qualified and capable and where foreign consultants may not be required (Annex “B” General Principles on Consulting Services, Item 5.2 of the revised IRR). 3.3 Conflict of interest in consulting services GOP policies require that consultants provide professional, objective and impartial advice, and at all times hold the client‟s interests paramount, without any consideration for future work, and that in providing advice they avoid conflicts with other assignments and their own corporate interests. Consultants should not be hired for any assignment that would be in conflict with their prior or current obligations to other clients, or that may place them in a position of being unable to carry out the assignment in the best interest of the Procuring Entity. Without limitation on the generality of the foregoing, consultants should not be hired under the circumstances set forth below: 46
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010 3.3.1. Conflict between consulting activities and procurement of goods, works or services A firm that has been engaged by the Procuring Entity to provide such goods, works or services for a project, and each of its affiliates, will be disqualified from providing consulting services related to those goods, works or services. Conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and each of its affiliates, will be disqualified from subsequently providing goods, works or services resulting from or directly related to the firm‟s consulting services for such preparation or implementation. 3.3.2. Conflict among consulting assignments Neither consultants (including their personnel and sub-consultants) nor any of their affiliates will be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultants. As an example, consultants hired to prepare engineering design for an infrastructure project should not be engaged to prepare an independent environmental assessment for the same project, and consultants assisting a client in the privatization of public assets should neither purchase, nor advise purchasers of, such assets. Similarly, consultants hired to prepare TOR for an assignment should not be hired for the assignment in question. 3.3.3. Relationship with the Procuring Entity’s staff Consultants (including their personnel and sub-consultants) that have a business or family relationship with a member of the Procuring Entity‟s staff who are directly or indirectly involved in any part of: a. Preparation of the TOR of the contract; b. Selection process for such contract; or c. Supervision of such contract; May not be awarded a contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the Procuring Entity throughout the selection process and the execution of the contract. 3.4 Addressing unfair competitive advantage Fairness and transparency in the selection process require that consultants or their affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the 47
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