a resolution recommending the award of contract for the … reso no. 20... · technical consultant...

Pacific Center Building, San Miguel Avenue, Pasig City Trunk line: 689-5-372 (ERC)

Website: http://www.erc.gov.ph Fax Nos. 633-32-53 / 634-86-41

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Republic of the Philippines ENERGY REGULATORY COMMISSION

BAC RESOLUTION No. 20, Series of 2020 AM1

A Resolution Recommending the Award of Contract for the Procurement of Highly Technical Consultant for the

Comprehensive Review and Study of the Existing Organizational Structure and Change Drivers of the Energy Regulatory

Commission (ERC) to Robert0 B. Ortiz

WHEREAS, on 08 June 2001, Republic Act No. 9136, otherwise known as the “Electric Power Industry Reform Act of 2001 (EPIRA)” was signed into law for the purpose of restructuring the electric power industry in the Philippines and streamlining the responsibilities of various government agencies, among other purposes;

WHEREAS, pursuant to Section 38 of the EPIRA, the Energy Regulatory

Commission (ERC) was created as an independent regulatory body performing quasi-judicial, quasi-legislative and administrative function and mandated, among others, to promote competition, encourage market development, ensure consumer choice and penalize abuse of market power in the restructured electricity industry. Its specific functions are those enumerated under Section 43 and specified in other relevant provisions of the EPIRA;

WHEREAS, to enhance its efficiency in its day-to-day in-house operations

and the delivery of service to effectively discharge its mandate and timely deliver public service, the ERC intends to do a comprehensive review and study of its current organizational structure to identify performance gaps and opportunities for improvement. The ERC realizes the need for the procurement of a highly technical consultant who will conduct the said review and study;

WHEREAS, the Annual Procurement Plan for FY 2020 – Supplement No. 3 which was approved by the Head of Procuring Entity (HoPE) on 03 March 2020 include a procurement project entitled “Comprehensive Review and Study of the Existing Organizational Structure and Change Drivers of the Energy Regulatory Commission” to be procured through the Alternative Method of Negotiated Procurement – Highly Technical Consultants (HTC) with an Approved Budget for the Contract (ABC) in the amount of Four Hundred Eighty Thousand Pesos (PhP480,000.00);

WHEREAS, the procurement project is due to the ERC’s need for a highly

technical consultant (the “Consultant”) who will be engaged for six (6) months to do work that is highly technical, primarily confidential and policy determining. Hiring of such Consultant is allowed under Section 53.7 of the 2016 Revised Implementing Rules and Regulations of Republic Act No. 9184 (“IRR”), to wit:

“53.7. Highly Technical Consultants. In case of individual consultants hired to do work that is (i) highly technical or proprietary; or (ii) primarily confidential or policy determining where trust and

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BAC RESOLUTION NO. 20, SERIES OF 2020 AM A RESOLUTION RECOMMENDING THE AWARD OF THE CONTRACT FOR THE PROCUREMENT OF HIGHLY TECHNICAL CONSULTANT FOR THE COMPREHENSIVE REVIEW AND STUDY OF THE EXISTING ORGANIZATIONAL STRUCTURE AND CHANGE DRIVERS OF THE ENERGY REGULATORY COMMISSION TO ROBERTO B. ORTIZ



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confidence are the primarily consideration for the hiring of the consultant: Provided, however, That the term of the individual consultants shall, at the most, be on a six month, renewable at the option of the appointing HoPE, but in no case shall exceed the term of the latter.”

WHEREAS, accordingly, on 05 March 2020, the ERC- Bids and Awards

Committee (ERC-BAC) received from the Office of the Executive Director (OED) a Purchase Request (PR) with PR No. 2020-03-028, requesting for the Procurement of Highly Technical Consultant on the Comprehensive Review and Study of the Existing Organizational Structure and Change Drivers of the Energy Regulatory Commission. In support of the PR, the OED submitted the corresponding Terms of Reference (“TOR”) with justification;

WHEREAS, the objective for the engagement of the Consultant is to

provide a comprehensive review and study of the ERC’s current organizational structure in order to improve the efficiency of its daily operations and the delivery of the services pursuant to its mandate under the EPIRA;

WHEREAS, moreover, under the TOR, the Consultant must possess the

following qualifications: 1. Bachelor’s Degree in Management, Accounting or related fields; 2. Proven experience in a successful reorganization and business process

streamlining in any government agency, instrumentality or government-owned or controlled corporations;

3. Extensive knowledge with government processes on initiating and completing reorganization;

4. High level of organization skills; 5. Extensive experience in change management and implementation; and 6. Enjoys the trust and confidence of the Head of the Procuring Entity

(HOPE).

WHEREAS, the TOR further provides that the following are the consultant’s minimum expected deliverables, which shall be completed within six (6) months commencing from the date indicated in the Notice to Proceed (NTP):

1. Submission and acceptance of an Inception Report/Work Plan; 2. Submission and acceptance of proposed new ERC organizational

structure (Division level); 3. Submission and acceptance of proposed new ERC organizational

structure (Service level); and 4. Monthly Accomplishment/ Progress Report.

WHEREAS, the OED initially identified Mr. Roberto B. Ortiz (Mr.

Ortiz), a former Vice-President for Finance of Consolidated Industrial Gases Inc. and Chief Financial Officer of Total Nutrition Corporation, and is currently a Finance Management Consultant, as the Consultant to be engaged. In turn, the ERC-BAC sent Mr. Ortiz a letter dated 09 March 2020 (the “letter invitation”),

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inviting him to work with the ERC in a consulting capacity by submitting his curriculum vitae (CV);

WHEREAS, on 09 March 2020, in response to the letter invitation, the

BAC Secretariat received from Mr. Ortiz his CV;

WHEREAS, based on the CV, Mr. Ortiz is a Filipino who received his bachelor’s degree in Management Engineering from the Ateneo de Manila University. Mr. Ortiz has worked in various private institutions as Financial Officer and consultant such as Price Waterhouse Coopers, Consolidated Industrial Gases Inc., All Asian Countertrade Inc., Total Nutrition Corporation, and Technology Export Services Co. Mr. Ortiz was also engaged as a Management & Financial Consultant of Trans World Trading Co. Inc. and the Department of Budget and Management (DBM) – Procurement Service, wherein his engagement, among others, include the conduct of detailed studies relating to the restructuring of the organization, development of new functional statements, job description, staffing, competencies requirement and business process streamlining;

WHEREAS, on 11 March 2020, the ERC-BAC, with its TWG and

Secretariat, convened and negotiated with Mr. Ortiz based on the TOR prepared by the OED in compliance with Section V.D.7.b.ii of Annex “H” of the IRR, to wit:

“ii. The BAC shall undertake the negotiation with the individual consultant based on the Terms of Reference prepared by the End-User. Considering the nature of the consultancy work, the negotiations need not be elaborate, it is enough that the BAC has validated that the individual is legally, technically and capable to undertake and fulfill the consultancy work based on the Terms of Reference.”

WHEREAS, the ERC-BAC assisted by its TWG, after review and due

evaluation, found Mr. Ortiz legally, technically, and financially capable to perform and to fulfill the highly technical consultancy work specified in the TOR without any legal impediments;

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JOSE ROMULO L. CASTRO BAC Member

NOW, THEREFORE, We, the Members of the Bids and Awards Committee, hereby RECOMMEND to the Head of the Procuring Entity, through its duly authorized signatory, ERC Chairperson and CEO AGNES VST DEVANADERA, the AWARD of the Contract for the “Procurement of Highly Technical Consultant for the Conduct of a Comprehensive Review and Study of the Existing Organizational Structure and Change Drivers of the Energy Regulatory Commission” to Roberto B. Ortiz as he is legally, technically, and financially capable to undertake and fulfill the highly technical consultancy work in the amount of Four Hundred Eighty Thousand Pesos (PhP480,000.00), VAT inclusive.

RESOLVED at the ERC Main Office, Pasig City, this 01 April 2020.

(no participation)

*SHARON O. MONTAÑER BAC Vice-Chairperson

FOR AND BY AUTHORITY OF THE COMMISSION:

AGNES VST DEVANADERA ERC Chairperson and CEO

Approved/Disapproved on: ____________ Reason: GPRA-IRR, §41.a. Prima facie collusion GPRA-IRR, §41.b. Failure to follow prescribed bidding procedures GPRA-IRR, §41.c. Contract award will not benefit ERC

§41.c. (i) project no longer physically and economically feasible §41.c. (ii) project no longer necessary §41.c. (iii) project fund has been withheld or reduce asg/abc - BAC Resolution No. __, Series of 2020 AM * still recuperating and currently on home quarantine

HEIDDI VENECIA R. BARROZO BAC Chairperson

MARINA C. BUGAYONG

BAC Member

AUGUST ANTHONY N. BALUTE

BAC Member

_______ 01 April 2020

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a resolution recommending the award of contract for the … reso no. 20... · technical consultant...

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