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The Government

Procurement Reform Act


Overview of the Revised
IRR of Republic Act No.
9184
1

OUTLINE OF PRESENTATION
2

Procurement Principles
Coverage, Scope and Application
Procurement Organizations

Enactment of GPRA
3

Implementing
Rules and
Regulations

Executive
Orders

Administrative
Issuances

Memorandum
Circulars

over 100 procurement rules and regulations

GPRA on 10 January, 2003


IRR- Part A effective on 8 October 2003
- Best practice
- Problems & experiences
Revised IRR on 2 September 2, 2009

What is Procurement?

What is Procurement?
5

Procurement refers to the acquisition of goods,

consulting services, and the contracting for


infrastructure projects by procuring entity.
(Sec. 5(aa), IRR, R.A. 9184)
Procurement means the acquisition by any means

of goods, construction or services.


(UNCITRAL Model Law on Procurement)

What is Procurement?
6

Acquisition means the acquiring by

contract with appropriated funds of supplies


or services (including construction) by and
for the use of the Federal Government
through purchase or lease, whether the
supplies or services are already in existence
or must be created, developed,
demonstrated, and evaluated.
(Federal Acquisition Regulation, USA)

What is Procurement?
7

Procurement encompasses the whole process of

acquiring property or services. It begins when an


agency has identified a need and decided on its
procurement requirement. Procurement continues
through the processes of risk assessment, seeking
and evaluating alternative solutions, contract award,
delivery of and payment for the property or services
and, where relevant, the ongoing management of a
contract and consideration of options related to the
contract.
(Commonwealth Procurement Guidelines, 2008, )

What is Procurement?
8

Procurement - is the whole of life-

cycle process of acquisition of goods,


services and works from third parties
beginning when a requirement is first
defined and ending with the ultimate
disposal of an asset or end of a service
contract.
(Sir Peter Oliver Gershon, Office of Government Commerce UK,2005)

What is Procurement?
9

Value for Money is the optimum

combination of whole of life costs and


quality to meet the customers
requirements (P. Gershon.)

Governments policy must be that all public

procurements should be based on value for


money, having due regard to propriety and
regularity. (P.Gershon.)

What is Value for Money?


10

Is not achieving the lowest price but about achieving

the optimum combination of whole life


costs and quality.
Traditionally VfM - was getting the right quality, in
the right quantity, at the right time, from the right
supplier at the right price.
Updated VfM - obtaining better quality of goods or
services in more suitable quantities, just in time when
needed, from better suppliers at prices that continue to
improve.

5 Rights in Public Procurement


11

Value for Money

What is Value for Money?


12

Often described in terms of the 3 Es economy,


efficiency and effectiveness:

ECONOMY minimizing the cost of resources for an activity


(doing things at a low price)
EFFICIENCY performing tasks with reasonable effort (doing
things the right way)
EFFECTIVENESS the extent to which objectives are met
(doing the right things).

To help achieve VfM, goods and services should be

acquired by competition unless there are convincing


reasons not to do so.

What is Procurement?
13

LCC Life Cycle Costing


Cost should consider all costs throughout the lifecycle acquisition cost, utility costs (energy/water
consumption, maintenance), and disposal costs.

C to G vis--vis C to C
Crade to Grave (disposal ) Cradle to Cradle (recycled)

14

Procurement Principles

Philippine Procurement Paradigm

RA 9184

15

Problem Areas and Reform Measures


16

PROBLEMS

REFORMS

Confusion caused by
fragmented legal system

Enactment of the
Government Procurement
Reform Act (GPRA)

Inconsistent policies, rules,


and regulations due to lack
of standards

Creation of the Government


Procurement Policy Board
(GPPB)

Lack of transparency

Use of PhilGEPS, agency


website, manual posting +

Lack of check and balance

Participation of Civil Society

Declaration of Policy
17

Governments commitment to good

governance

Adherence to the principles of transparency,

accountability, equity, efficiency and


economy

Procurement must be competitive and

transparent Public Bidding unless provided


for in the IRR
Section 2

Good Governance
18

Governance is process of decision-making and the

process by which decisions are implemented or not


implemented
8 CHARACTERISTICS

Procurement Principles
19

1. TRANSPARENCY
2. COMPETITIVENESS
3.

STREAMLINED PROCUREMENT
PROCESS

4. SYSTEM OF ACCOUNTABILITY
5. PUBLIC MONITORING
Section 3

TRANSPARENCY
20

in the procurement process and the implementation of

procurement contracts

through wide dissemination of bid opportunities

and participation of pertinent NGOs

posting in PEs website, PhilGEPS website, and in

conspicuous place within the PEs premises


BAC is required to invite observers coming from
eligible and qualified GOs, PAs and NGOs to observe
any or all stages of the procurement process.
proper documentation of each procurement
transaction, records must be maintained and made
available to proper parties.

STREAMLINED PROCUREMENT PROCESS


21

that is uniformly applicable to all

government procurements
must be simple and made adaptable
to advances in modern technology in
order to ensure an effective and
efficient method
GPPB conducts a periodic review of
government procurement
procedures, and whenever necessary,
formulates and implements changes
thereto.

COMPETITIVENESS
22

extending equal opportunity to enable eligible and

qualified private contracting parties to participate in


public bidding
Basic rule to conduct public bidding, except as otherwise
provided for under the GPRA, its revised IRR
Treats bidders equitably and provides fair grounds for
competition among themselves, thereby ensuring that no
single bidder significantly influences the outcome of the
bidding.
Competition among proponents will urge them to offer
more beneficial terms to the government.
Alternative methods of procurement only be resorted to
when competitive bidding is not a feasible option, in
accordance with the conditions laid down in R.A. 9184, its
revised IRR

ACCOUNTABILITY
23

Answerable
A system of accountability must be established
Both the public officials directly or indirectly involved in

the procurement process as well as in the


implementation of procurement contracts, and the
private parties that deal with government are, when
warranted by circumstances, investigated and held liable
for their actions relative thereto.
HOPE is responsible for establishing and maintaining a
transparent, effective, and efficient procurement system.
Responsibilities of each official involved in the
procurement process must be clear and legally
identifiable.

PUBLIC MONITORING
24

In the procurement process & implementation of awarded

contracts
That PEs consistently follow procedures prescribed in
RA 9184 and its revised IRR
To guarantee that these contracts are awarded pursuant
to R.A. 9184 and its revised IRR and that all these
contracts are performed strictly according to
specifications.
Eligible and qualified CSOs such as NGOs, PAs, academic
institutions, and religious groups are to observe and
monitor the procurement process and contract
implementation.
System of reporting to GPPB - eq. APP publication,
Procurement Monitoring Report, Agency Procurement
Index

Scope and Coverage


25

R.A. 9184 Governs the Procurement of:

a.
b.
c.

Infrastructure Projects
Goods, Supplies, Materials and
Related Services
Consulting Services

R.A. 9184 Covers Procurement Planning up to

Contract Implementation

GOODS
26

Items, supplies, material and general support services


Includes, but not limited to the following:

Equipment
Furniture
Stationery
Materials for construction
Personal property of any kind
Non-personal or contractual services such as:
Repair & maintenance of equipment and furniture
Trucking, hauling and courier
Janitorial, security and manpower

Related or analogous service shall include, but not limited to


the ff: g:
Lease or purchase of office space
Media advertisements
Health maintenance services
Other services essential to the operation of the procuring entity
Rental of venues and facilities
Catering services
Lease of computers, copiers and other IT equipment

INFRASTRUCTURE PROJECTS
or civil works or works.

Construction
Improvement
Rehabilitation
Demolition
Repair
Restoration
Maintenance

27

Roads and bridges


Railways
Airports and seaports
Communication facilities
Civil works components of IT projects
Irrigation
Flood control and drainage
Water supply
Sanitation
Sewerage and solid waste management
systems
Shore protection
Energy/ power and electrification facilities
Buildings (National, School, Hospital
Other related construction projects

CONSULTING SERVICES
28

Services for infrastructure projects and other types

of projects or activities requiring adequate external


technical and professional expertise that are beyond
the capability and/or capacity of the PE to
undertake such as, but not limited to:

advisory and review services;


pre- investment or feasibility studies;
design;
construction supervision;
management and related services; and
other technical services or special studies.

Annex B

Scope & Application


29

Apply to all procurements of any branch,

agency, department, bureau, office, or


instrumentality of the GOP, including
government-owned and/or -controlled
corporations (GOCCs), government financial
institutions (GFIs), state universities and
colleges (SUCs), and local government units
(LGUs)

SCOPE & APPLICATION


30

a.Domestically-funded (GOP) procurements


b.Foreign-funded
procurements
unless
otherwise specified in treaty stipulations
c.Pacta sunt servanda - Any treaty or
international or executive agreement shall be
observed
NOTE: Negotiating panel members default
position - use of the IRR, or at least, selection
through competitive bidding.

EXCEPTIONS
31

Procurement of Goods, Infrastructure Projects,

and Consulting Services funded from foreign


Grants covered by RA 8182/RA 8555 , An Act Excluding

Official Development Assistance (ODA) from the Foreign Debt Limit in order
to Facilitate the Absorption and Optimize the Utilization of ODA Resources
unless the GOP and the foreign grantor/foreign or international financing
institution agree otherwise

Acquisition of real property based on RA 8974, An

Act to Facilitate the Acquisition of Right-of-Way Site or Location for National


Government Infrastructure Projects and for Other Purposes)

Public-Private sector infrastructure or

development projects covered by R.A. 6957/ R.A.


7718, An Act Authorizing the Financing, Construction, Operation and
Maintenance of Infrastructure Projects by the Private Sector, and for
Other Purposes, except for the portions financed by the GOP

Standardization of Procurement Process & Forms


32

to systematize procurement process, avoid

confusion and ensure transparency, GPPB


pursues development and approval of:

Generic procurement manuals (GPM)


Standard bidding documents (PBD) and forms
including those to be used for major procurement like
drugs and textbooks.

use is mandatory upon all PEs once issued by

the GPPB
modifications may be made to suit the
particular needs of PEs particularly for major
and specialized procurement, subject to the
approval of the GPPB

Key Features of R.A. 9184


33

Simplification of pre-qualification (eligibility

check) and the strengthening of postqualification

Use of the Lowest Calculated and Responsive

Bid for goods, supplies, materials and related


services; and Highest Rated and Responsive Bid
for consulting services

Use of the Approved Budget for the Contract

(ABC) as ceiling for the bid price

Key Features of R.A. 9184


34

Use of transparent, objective and non-

discretionary criteria
Increasing transparency in the procurement

process
Professionalization of procurement officials
Inclusion of Penal and Civil Liabilities

Government Procurement Policy Board


35

Inter-agency Body composed of:

Big Procuring Entities - defense, education,


health, public works, transportation and
communications
Oversight Agencies - budget, planning, finance,
trade, science and technology, interior and local
government, energy
Private Sector
Resource Persons - audit, anti-corrupt agencies
(COA & DOJ)

Government Procurement Policy Board


36

Policy-Making
Amend implementing rules and regulations of

procurement law (quasi-legislative function)


Prepare generic procurement manual and
standard bidding forms
Capacity Development
Establish a sustainable training program

Monitoring
Assist procuring entities improve their

compliance
Review effectiveness of procurement law

Technical Support Office, GPPB


37

Provides research, technical and administrative


support to the GPPB (Sec. 63.3, IRR of RA 9184)
1.Research-based procurement policy recommendations and rule-drafting;
2.Development and updating of generic procurement manuals and

standard bidding documents/forms;


3.Management and conduct of training on procurement systems and
procedures;
4.Evaluation of the effectiveness of the government procurement system
and recommendation of improvements in systems procedures;
5.Monitoring the compliance to the Act and assisting procuring entities
improve their compliance;
6.Monitoring the effectiveness of the Government Electronic Procurement
System (G-EPS); and
7.Secretariat support.

PROCUREMENT ORGANIZATIONS
38

PROCURING ENTITY

Head of the
Procuring Entity
Observers

End-Users

Procurement
Unit

Bids and Awards


Committee (BAC)

BAC Secretariat

Technical Working
Group

Head of the Procuring Entity


39

HOPE
1. Establishes BAC and appoint its members

Ensures BAC Members give utmost priority to


assignments
b. Ensures professionalization of procurement
organization
2. Approves the Annual Procurement Plan
3. Approves/Disapproves Contract Award
4. Resolves Protests
a.

PROCURING ENTITY (PE)


40

PE shall be the central office (CO) , or when duly authorized

to procure independently, the regional office or any


decentralized, local or lower level agency/bureau/office

Authority to procure independently of CO must not be

presumed, as the entire structure of the organization would


have to be considered to determine whether or not such
regional, decentralized, local or lower level agency/bureau/
office is authorized to undertake procurement activities.

Existence of directives from the central office delegating such

authority to procure to its regional, decentralized, and local or


lower level agency / bureau / office would have to be
determined.

Bids and Awards Committee (BAC)


41

General Rule: Single BAC in Head Office


Exception:

to expedite the procurement process for practical


intents and purposes, HOPE may create separate
BACs where the number and complexity of the
items to be procured warrants

BACs may be organized either according to: (a)


geographical location of PMO or end-user units of the
PE; or (b) nature of procurement.

Similar committees for decentralized and lower level


offices may also be formed when deemed necessary
by the HOPE

Procurement Organization Example )


42

HOPE
Sec. Janette Loreto Garin

COBAC A
Chairperson:
Usec. Nemesio T. Gako
Vice-Chair:
Dir. Crispinita Valdez
Members:
Dir. Maylene Beltran
Dir. Lyndon Lee Suy
Dir. Ivanhoe Escartin

COBAC B
Chairperson:
Asec. Gerardo Bayugo
Vice-Chair:
Dir. Angelina Del Mundo
Members:
Dir. Ma.Rebecca Peafiel
Dir. Ferchito Avelino
Dir. Mario Baguilod

Procurement Service/Units
( CO -Dir. Ma. Theresa Vera)
RO, Hospitals, Bureaus,
Attached Agencies
RA 9184

HOPE
RO Director IV , Chief of
Hospital, Executive Director or
Director IV, Asec

BACs
16 Regional Offices
72 Hospitals

BAC Secretariats
( CO -Dir. Ma. Theresa Vera)
RO, Hospitals, Bureaus,
Attached Agencies

FDA BAC
BOQ BAC
PITACH BAC
POPCOM BACs
NNC BAC etc

Technical Working
Groups

Bids and Awards Committee


43

COMPOSITION

at least five (5) but not more than seven (7) members of
unquestionable integrity and procurement proficiency.
Regular Members:
Chairman -- at least a 3rd ranking permanent official

Officers -- at least a 5th ranking permanent official,


with knowledge, experience and/or expertise in
procurement who, to the extent possible, represents the
legal or administrative area, and financial area

In the case of bureaus, regional offices and subregional/district offices, -- at least a 3rd permanent
personnel;

NOTE: Permanent shall refer to a plantilla position within the

Bids and Awards Committee


44

COMPOSITION

Provisional Members:

An officer who has technical expertise relevant to the


procurement at hand, and, to the extent possible, has
knowledge, experience and/or expertise in procurement; and

A representative from the end user unit who has knowledge of


procurement laws and procedures.
Chairman and the Vice-Chairman shall also be designated by the
HOPE
Vice-Chairman shall be a regular member

Procurement Organization
Comparison
45

BAC for NGAs, GOCCs, GFIs &


SUCs
- Members including the Chairman are
designated by HOPE
Regular Members 1. Chairman - at least 3rd Ranking
Permanent Official;
2. Member - at least 5th ranking
representing the Legal or
Administrative areas
3. Member at least 5th ranking
representing the Finance Area
Provisional Members 1. An officer who has Technical
expertise relevant to the procurement.
2. Representative from end user unit.

BAC for Local Government Units

- The Local Chief Executive designates


members
- The BAC members shall elect among
themselves who shall act as the
Chairman and Vice-Chairman
- Members:
1. Administrators Office
2. Budget Office
3. Legal Office
4. Engineering Office
5. General Services Office
6. End User Office

Bids and Awards Committee


46

Prohibited Members
Head of the Procuring Entity
Approving Authority
Chief Accountant (Head of the Provincial, City,

Municipal Accounting Office) and his/ her staff,


unless any of the former were designated as enduser of the project (COA Circular 2003-04

Bids and Awards Committee


47

Alternate Members

HOPE may designate alternate BAC members who shall have


the same qualification as their principal.

Accountability of the principal and the alternate shall be


limited to their respective acts and decisions.

Term

a fixed term of ONE (1) YEAR, renewable at the discretion of HOPE

& shall continue to exercise their functions until new BAC is


designated
Quorum

majority is required
presence of the Chairman or Vice-Chairman is required.

Bids and Awards Committee


48

- Upon Expiration of the terms of current members, they shall


continue to exercise their functions until new BAC members are
designated.
- Succession - in case of resignation, retirement, separation,
transfer, re-assignment, removal or death, the replacement shall
serve only for the unexpired term.
- Leave or Suspension - In case of leave or suspension, the
replacement shall serve only for the duration of the leave or
suspension.
- Checks and Balances - In no case shall the approving
authority be the Chairman or a member of the BAC.
- Jury Duty - BAC members shall give utmost priority to BAC
assignments over all other duties and responsibilities.

Functions of the BAC


49

1. Advertise/Post Invitation to Bid


2. Conduct pre-procurement / pre-bid conference
3. Determine eligibility of bidders
4. Receive bids
5. Conduct evaluation of bids
6. Undertake post-qualification
7. Resolve motions for reconsideration
8. Recommend award of contracts
9. Recommend imposition of sanctions
10.Recommend use of Alternative Methods
11. Perform such other related functions

BAC Secretariat
50

Created by HOPE from an existing ORGANIC office or create a

Procurement Unit to serve concurrently as BAC Secretariat

Main support unit of the BAC


Head:

Central Offices - 5th ranking permanent official


Bureaus/Regional Offices cs. - 3rd ranking permanent
employee
If not available, a permanent employee of the next lower rank
Criteria- integrity and proficiency

BAC Secretariat Functions


51

1. Provide administrative support for the BAC


2. Organize and make all necessary arrangements for BAC

meetings
3. Attend BAC meetings
4. Prepare minutes of the BAC meeting
5. Take custody of procurement documents
6. Manage the sale and distribution of bidding docs.
7. Advertise/Post Bid Opportunities, Bid Docs and NOA
8. Assist in managing the procurement processes
9. Monitor procurement activities and make proper report
10. Consolidate PPMPs from various units of PE
11. Central channel of communication

Procurement Unit
52

the organic office of PE that carries out the

procurement functions:
1. Procurement planning and purchasing
2. Contract implementation and management
3. Monitoring of procurement milestones

Procurement Unit
53

Determinants in the establishment


Average procurement budget based on
preceding three (3) years of historical data
Organizational level of the PE

Procurement Unit Establishment


54

ANNUAL
PROCUREMENT
BUDGET*

DEPARTMENT

BUREAU

GOCC/GFI

P 5B and above

Service

Division

Department

P 1B to less than
P 5B

Division

Section

Division

Less than P 1B

Section

Unit

Section

*Average for the past three (3) years

DOH Central Office PROCUREMENT STRUCTURE


HEAD OF PROCURING ENTITY

INTEGRITY MANAGEMENT
COMMITTEE
RESIDENT
OMBUDSMAN
OFFICE FOR
ADMINIISTRATION &
FINANCIAL MANAGEMENT

BIDS AND AWARDS


COMMITTEE
BAC
SECRETARIAT

PROCUREMENT
SERVICE

END-USER
TECHNICAL WORKING
GROUP

55

INTERNAL
OBSERVER

EXTERNAL
OBSERVER

TECHNICAL WORKING GROUP


56

Created by the BAC from a pool of technical,

financial and/or legal experts.


Assist in the eligibility screening, evaluation

of bids and post-qualification.


Jury Duty

OBSERVERS
57

Enhance transparency
COA Representative
Two (2) more from:
1. Duly recognized private sector association
2. Non-government organization (NGO)

Organization duly registered with the SEC or CDA

Have knowledge, experience or expertise in procurement;


Absence of actual or potential conflict of interest in the contract to be
bid;
Comply with other criteria determined by the BAC.
Invited IN ALL STAGES of the procurement process
Invited at least three (3) calendar days before the date of the procurement
stage/activity.
Have no right to vote
Absence will not nullify the BAC proceedings, provided that they have
been duly invited in writing

OBSERVERS:
Duly recognized private sector association
58
INFRASTRUCTURE PROJECTS, national associations of constructors duly recognized

by the Construction Industry Authority of the Philippines (CIAP), such as, but not
limited to the following:

(1) Philippine Constructors Association, Inc.;


(2) National Constructors Association of the Philippines, Inc.; and
(3) Philippine Institute of Civil Engineers (PICE).
GOODS, a specific relevant chamber-member of the Philippine Chamber of Commerce

and Industry.

CONSULTING SERVICES, a project-related professional organization accredited or

duly recognized by PRC or SC such as, but not limited to:

(1) Philippine Institute of Civil Engineers (PICE)


(2) Philippine Institute of Certified Public Accountants (PICPA)
(3) Confederation of Filipino Consulting Organizations

OBSERVERS RESPONSIBILITIES
59

a)Prepare the report either jointly or separately indicating their


observations made on the procurement activities conducted by the BAC for
submission to the HOPE, copy furnished the BAC Chairman. The report
shall assess the extent of the BACs compliance with the provisions of the
IRR and areas of improvement in the BACs proceedings;

b)Submit their report to the PE and furnish a copy to the GPPB and Office
of the Ombudsman/Resident Ombudsman. If no report is submitted by the
observer, then it is understood that the bidding activity conducted by the
BAC followed the correct procedure; and

c)Immediately inhibit and notify in writing the PE concerned of any actual


or potential interest in the contract to be bid

OBSERVERS access to documents:


60

Upon their request, subject to signing of a

confidentiality agreement:

a)
b)
c)
d)
e)

Minutes of BAC meetings;


Abstract of Bids;
Post-qualification summary report;
APP and related PPMP; and
Opened proposals.

Honoraria of BAC, Secretariat & TWG


61

PE may grant payment of Honoraria to the BAC members

in an amount not exceeding TWENTY FIVE PERCENT


(25%) of their respective monthly salary SUBJECT TO
AVAILABILITY OF FUNDS.
PE may grant payment of Honoraria to BAC Secretariat
and TWG members
DBM Budget Circular 2004-5A dated October 7, 2005
Procurement Team Members

Maximum /Project

BAC Chair

PhP 3,000

BAC Members

PhP 2,500

TWG Chair & Members

PhP 2,000

Honoraria of BAC, Secretariat & TWG


62

Honoraria of BAC, Secretariat and TWG members


USec & ASec in the BAC not entitled
in successfully completed procurement projects (awarded)
Limited to procurement that involves competitive bidding.
Competitive bidding activities are present only in:
1. Open and competitive bidding;
2. Limited Source bidding; ,
3. Negotiated procurement under Section 53.1 (a) where there has been
failure of bidding for the 2nd time;
4. Negotiated procurement under Section 53 (b)[emergency cases] following
the procedures under Section 54.2 (b) thereof, whereby the PE draws up a
list of at least (3) suppliers or contractors, which will be invited to submit
bids.

NO Honoraria
63

Direct contracting;
Repeat order;
Shopping;
Negotiated procurement under Section 53.2 (b) [emergency

cases] following the procedures under-Section 54.2


whereby PE directly negotiates with previous supplier;
contractor or consultant; or when the project is undertaken
by administration or thru the AFP, in case of infrastructure
projects;
All other negotiated procurements:

Honoraria & Overtime Pay of BAC


Secretariat
64

Only for those performing the attendant functions in

addition to their regular duties in other non-procurement


units

Same rate as the TWG Chair and Members subject to the

same regulations.
No honoraria for BAC Secretariat whose positions are in

the Procurement Unit


Payment of overtime services may be allowed, subject to

existing policy
Honoraria or Overtime Pay only

Overtime Pay of Admin Staff


65

Clerks, messengers and drivers supporting the BAC, the

TWO and the Secretariat for procurement activities


rendered in excess of official working hours.
Payment of overtime services shall be in accordance

with existing policy


Those who are receiving honoraria for their participation

in procurement activities shall no longer be entitled to


overtime pay for procurement-related services rendered
in excess of official working hours.

Honoraria & Overtime Funding Source


66

1. Proceeds from sale of bid documents


2. Fees from contractor/supplier registry
3. Fees charged for copies of minutes of bid openings,
BAC resolutions and other BAC documents
4. Protest fees
5. Liquidated damages
6. Proceeds from bid/performance security forfeiture
Treated as Trust Receipts for honoraria & overtime pay only
Can use 100%; excess remitted to Treasury

Professionalization
67

BAC, BAC Secretariat & TWG


GPPB establishes a sustained training program

Legal Assistance & Indemnification


68

The GPPB shall establish an equitable indemnification


package for BAC, BAC Secretariat & TWG Members, thus:
a. Legal Assistance (Private Counsel)
b. Liability Insurance
c. Medical Assistance
d. Other forms of indemnification for all reasonable
costs and expenses incurred by the official.
- PROVIDED the legal assistance and indemnification
shall NOT be available if the official is finally adjudged to
be liable for gross negligence, misconduct or grave abuse
of discretion, or otherwise held liable or guilty of the
complaints or charges.

69

THANK YOU!!