Agricultural and Fisheries Mechanization Law

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Questions and Answers

What is the AFMech Law of 2013 also known as?

RA 10601

What are the strategic policy goals of the AFMech Law?

Provide access to farmers and fishermen to appropriate and affordable Agri-Fishery Machinery and Equipment; provide protection/support to Agri-Fishery Machinery Buyers, Owners, Manufacturers and Distributors; and Strengthen Support Services and Institutions for development of Philippine Agri-Fisheries Mechanization.

All farm machinery and equipment must be registered with the municipal government for monitoring purposes.

True (A)

What does AMTEC do, according to the text?

<p>Conducts mandatory testing and evaluation on all agri-fishery machinery sold in the market. (D)</p> Signup and view all the answers

What is the role of the Bids and Awards Committee (BAC)?

<p>Responsible for the procurement process of the agency including advertising, conducting pre-bid conferences, determining eligibility of bidders, receiving &amp; evaluating bids, post qualification, and recommending award of contracts.</p> Signup and view all the answers

What is IRR in relation to RA No. 9184?

<p>Implementing Rules and Regulations (IRR) of RA No. 9184 is promulgated for the purpose of prescribing the necessary rules and regulations for the modernization and regulation of the procurement of the Government of the Philippines (GOP).</p> Signup and view all the answers

Which of the following is/are covered by the Scope & application of RA 9184?

<p>All of the above (E)</p> Signup and view all the answers

All procurement should be done through direct contracting.

<p>False (B)</p> Signup and view all the answers

What is the purpose of PAES?

<p>Philippine Agricultural Engineering Standards (PAES) provides the standards and guidelines needed for agricultural machinery, equipment, and structures.</p> Signup and view all the answers

According to the provided text, what is an 'Express contract'?

<p>An agreement that is stated in words, either orally or in writing (A)</p> Signup and view all the answers

What does the text say about the importance of 'Name' in an engineering drawing?

<p>The name of the person who produced the drawing. This is important for quality control so that problems with the drawing can be traced back to their origin.</p> Signup and view all the answers

Flashcards

AFMech Law Goal 1

Farmers and fishermen gain access to machinery through service centers in SAFDZs and ARCs.

Machinery Testing

Agri-fishery machinery sold must undergo mandatory testing and evaluation by AMTEC.

AFMech Goal 3

Formulation and implementation of mechanization programs at the national and local levels.

RA 9184

Governs the procurement of infrastructure projects, goods, and consulting services by the government.

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Competitiveness (Procurement)

Ensuring equal opportunities for qualified parties to participate in public bidding.

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Procurement Scope

Scope includes branches, agencies, and LGUs, excluding foreign grants, real property acquisition (RA 8974), and certain public-private projects (RA 6957).

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Bids and Awards Committee (BAC)

Oversees the procurement process within an agency.

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Alternative Procurement

Infrastructure, goods, and consulting services that can be acquired through alternative methods

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Limited Source Bidding

Securing goods through direct invitation of pre-selected suppliers or consultants with proven capability.

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Direct Contracting

Supplier provides a price quotation because they have exclusive rights.

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Repeat Order

Requisitioning goods from the previous winning bidder, not exceeding 25% of the original quantity.

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Shopping (Procurement)

Requesting price quotations for readily available goods directly from suppliers.

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Observers in Procurement

The BAC invites at least two (2) observers during Government Procurement to increase transparency .

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PAES 101:2000 Standard

Provide guidelines for accidents when using farm tractors and machinery.

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PAES 105: 2000 is for?

A description and explanation of controls and displays on machines and equipment. Designates common symbols.

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What is a bid?

A signed offer to undertake a contract.

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Study Notes

  • The “Agricultural and Fishery Mechanization Law” (AFMech Law) 2013 RA 10601 aims to modernize Philippine agriculture.

Historical Context

  • The 9th Congress (1993) Senate Committee on Agriculture and Food approved S.B. Nos. 1103 and 2001, initiated by Sen. Santanina Rasul, to modernize Philippine agriculture through agricultural mechanization.
  • H.B. Nos. 993, a counterpart bill, was presented in the House of Representatives during the 9th Congress by Rep. Socorro O. Acosta from Bukidnon's 1st District (1994).
  • Reviews of the law's implementation were conducted during the 13th Congress (2004-2007) by COCAFM, led by Sen. Magsaysay, recommending its quick passage.
  • The Committees on Agriculture and Food of both the House and Senate approved it during the 14th Congress (2007-2010).
  • The President approved it on June 5, 2013, and it became law on June 28, 2013 after approval by the House and Senate (H. No. 6548 & S. No. 3338) during the 15th Congress (2010-2013), with Rep. Mark Lleandro Mendoza and Sen. Kiko Pangilinan as primary authors.

Goal 1: Enhance Access to Machinery

  • Provide access to affordable agri-fishery machinery for farmers and fisherfolk.
  • Establish agri-fisheries machinery service centers in SAFDZs and ARCs (Sec. 8).
  • Provide services including custom plowing and harrowing.
  • Offer repair and troubleshooting, training, plus after-sales service and warranty.
  • Support contiguous farming and infrastructure for machinery economies of scale (Sec. 34, 36).
  • Promote local manufacturing and assembling to reduce costs (Sec. 15, 16).

Goal 2: Protect Stakeholders

  • Protect agri-fishery machinery buyers, owners, manufacturers, and distributors.
  • Suppliers must provide after-sales service and warranty (Sec. 17).
  • AMTEC conducts mandatory testing and evaluation (Sec. 18).
  • Standard development and enforcement (Sec. 21)
  • Guidelines and procedures to register agri-fishery machinery owners as set by the DA Secretary (Sec. 19)
  • Enabling policy of Sec. 18, R.A. No. 7609 requires farm machinery registration with the municipal government to monitor it.

Goal 3: Strengthen Support

  • Strengthen support services and institutions for agri-fisheries mechanization.
  • National and Local Agri-Fisheries Mechanization Programs are formulated and implemented (Sec. 5, 6, 33).
  • The Unified Agri-Fisheries Mechanization RDE Agenda is formulated and implemented (Sec. 7).
  • Establish an Agri-Fisheries Mechanization RDE Network (Sec. 8).
  • Promote Renewable Energy RDE (Sec. 35).
  • Research grants made available by BAR, DOST, and CHED (Sec. 11).
  • Training and Scholarship Programs are promoted (Sec. 12).
  • The Agri-Fisheries Mechanization and Engineering Resource Network is strengthened (Sec. 10).

Institutional Reinforcement

  • Strengthen NAFC agri-fishery mechanization committees at all levels (Sec. 23).
  • PhilMech’s mandate for agri-fishery mechanization and post-harvest RDE is strengthened (Sec. 25).
  • BAPFS was renamed to BAFS, expanding mandate to include the development of standards of agri-fishery machinery and engineering (Sec. 26).
  • UPLB's AMDP and AMTEC are institutionalized (Sec. 8, 27).
  • Strengthening DA Agricultural Engineering Groups with Creation of Bureau of Agricultural & Fisheries Engineering.
  • Services of DA bureaus attached to organizations are strengthened, while DA Regional Agricultural Engineering Divisions are institutionalized (Sec. 24).
  • DA-RAED operation units are established to handle devolution problems by one agricultural engineer on hand (Sec. 29).
  • Agricultural and Biosystems Engineering Divisions to be established in Agriculture Offices of Provincial and City LGUs at the local level (Sec. 29).
  • DILG MCs Nos. 2008-167 & 2012-128 are strengthened and agricultural engineers machinery technicians and operators to be required (Sec. 13).

AFMech Law Characteristics

  • AFMech Law enables Section 49 of R.A. No. 8435 (AFMA).
  • Similar to China’s Agricultural Mechanization Promotion Law.
  • Complements R.A. No. 8559 (Philippine Agricultural Engineering Law
  • Acts as a safety net as part of ASEAN Economic Community 2015

Employment

  • Offers opportunities for increase farm production and income and employment in agro-processing and machinery manufacturing, repair and maintenance.

Government Procurement (RA 9184)

  • Known as the Government Procurement Reform Law
  • The IRR (Implementing Rules and Regulations) in RA 9184 were created to modernize and govern procurement, promoting transparency, accountability, equity, efficiency, and economy specifically for infrastructure projects, goods, and consulting services.
  • The scope consists of any branch, agency, department, bureau, office or instrumentality.
  • Items not covered are foreign grants projects, property acquisition covered in RA 8974 and public-private projects covered by RA 6957.

Key Principles in RA9184

  • Transparency: Wide dissemination of bidding opportunities and participation of pertinent non-government organizations.
  • Competitiveness: All parties are equal and qualified to participate.
  • Streamlined Procurement: Is designed for advances in tech to ensure effectiveness.
  • System of Accountability: When needed warranted process public and private parties are investigated/held liable.
  • Public Monitoring: Process and implementation are in sync with IRR and RA 9184.

Definition of Terms

  • Approved Budget for the Contract (ABC): budget approved by the Head of the Procuring Entity from a legal funding source.
  • Bids and Awards Committee (BAC): Responsible agency.
  • Bid: A signed offer or proposal.
  • Bidder: Eligible entities to be awarded. Bidding documents: Issued for basis.
  • Competitive Bidding: Open to participation.
  • Consulting Services: requiring expertise.
  • Goods: Includes items and general supports.
  • Infrastructure Projects: civil projects to maintain aspects of projects.
  • PhilGEPS: Philippine Government Electronic Procurement System
  • Procurement: Acquisition for infrastructure projects.
  • Procuring Entity- GOCC, GFI, SUC & LGU.
  • COA is Commission on Audit.

Procurement Planning & Budgeting

  • Encompasses meticulous planning within the entity's approved budget.
  • Responsibility: preparation of PPMP and end users program projects.

Alternative Methods of Procurement

Limited Source Bidding (Selective Bidding) where suppliers have known experience.

  • Direct Contracting is when the supplier is requested to submit price quotation.
  • Repeat Order, 25% of products.
  • Shopping simply requests submission unforesen supplies.
  • Negotiated Procurement where negotiated directly a contract

Philippine Agricultural Engineering Standards

  • PAES standards improve tractor and agriculture machinery safety.
  • Standard identification include machine, safety notes,assembly, maintenance, and handling
  • PAES standards are followed to sample the respect product from agrilcutural machinery and specify operations from general to specific areas like tilage.
  • Volume 1 covers methods to ensure safety like general and operator safety.
  • Volume 2 covers post harvest.

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