Consistent with the policy of the State to ensure the sustainable development of all public forest lands by putting these areas under scientific management and pursuant to the provisions of Presidential Decree No. 331 requiring that all public forests be developed, managed and utilized on a sustained yield basis with the benefit of technical forestry know-how of registered Filipino foresters, the following rules and regulations are hereby promulgated:

SECTION 1. Basic Policy - The Department of Environment and Natural Resources (DENR) shall encourage and promote the participation of private contractors who possess the necessary forestry technical expertise in the development of forest management plans for all public forest lands.

SECTION 2. Objectives - These rules and regulations are promulgated in pursuance of the following objectives:

2.1. To provide a mechanism for the accreditation of private contractors who shall be involved in the development of forest management plans;

2.2. To provide a system for greater collaboration between the DENR and private sector; and

2.3. To ensure the development of workable, realistic and objective forest management plans.

SECTION 3. Definition - The following terms as used in this Order shall be understood and interpreted as hereunder defined:

3.1. Private Contractor. Individual contractors who are registered professional foresters and corporate contractors as exemplified by professional partnerships, corporations, non-governmental organizations and other private entities, possessing the requisite technical knowledge and capability to prepare forest management plans.

3.2. Forest Management Plan. A written guide for proper and systematic development, harvesting, disposition and utilization of the forest-based raw materials based on Terms of Reference agreed upon by contracting parties.

3.3. Accreditation. The process of evaluating, assessing and authenticating the legal personality and capability of private contractors, as supported by the required documents prescribed in Section 8 of this Order.

3.4. Selection. The process of evaluating and choosing from a short-list of these private contractors the best or most suitable accredited private contractors against a set of criteria prior to entering into contract with the DENR and/or the TLA/TPSA/PTPA holder to prepare and develop forest management plans.

SECTION 4. Who May Participate - Private contractors may qualify to participate in the preparation and development of forest management plans, PROVIDED, however, that they should be priorly accredited by the Regional Accreditation and Evaluation Committee (RAEC) created under Section 6 of this Order.

SECTION 5. Areas of Participation - Accredited private contractors may enter into contract in the preparation and development of forest management plans required in the following:

5.1. Community Forestry Program (CFP);

5.2. Timber Stand Improvement or Assisted Natural Regeneration;

5.3. Forest Land Management Agreement (FLMA);

5.4. Timber License Agreement (TLA) pilot areas selected under the Natural Resources Management Program (NRMP);

5.5. Timber Production Sharing Agreement (TPSA); and

5.6. Other forestry programs that may be launched by the Department which require the preparation of forest management plans and/or forest-related development plans, e.g. watershed, industrial forest plantation, park and research development.

SECTION 6. Regional Accreditation and Evaluation Committee - An Accreditation and Evaluation Committee shall be created in each of the Regional Offices to be composed of the following:

Regional Technical       Director for Forestry - Chairman Chief, Forest Resources       Conservation Division - Member Chief, Forest Resources     Development Division - Member   PENRO concerned - Member CENRO concerned - Member   Regional NGO Desk
Officer- Member
 

  Society of Filipino       Foresters Chapter
Representative - Member

SECTION 7. Functions of the Committee - The Committee shall perform the following functions:

7.1. Evaluate the qualifications of all interested private contractors for proper accreditation;

7.2. Select from the directory of accredited private contractors, the most suitable private contractor to prepare and develop forest management plans for a particular management area;

7.3. Following due process, withdraw accreditation of any private contractor who has failed to comply with any of the terms and conditions of the contract that may be entered into by such party with the DENR.  The Regional Committee shall immediately inform the other regional committees of accreditations withdrawn;

7.4. Verify documents submitted in connection with the preparation and development of forest management plans; and

7.5. Maintain, keep and update records of all private contractors accredited by the Committee.

The Committee shall submit to the Office of the Secretary through the Office of the Assistant Secretary for Planning and Policy Studies, copy furnished the National NGO Desk Office and the National Society of Filipino Foresters a listing of the following:

1. Accredited private contractors;
   
   
2. Private Contractors whose accreditation have been withdrawn; and
   
   
3. Progress Report on awarded contracts under this Order.

The Assistant Secretary for Planning and Policy Studies shall then prepare a master list of all of the above for proper monitoring and dissemination to all concerned offices.

SECTION 8. Accreditation Requirements - Interested and qualified private contractors shall submit the following requirements in order to be accredited:

8.1. Individual Contractors

1. Professional Regulation Commission (PRC) Professional forester License as supported by a valid PRC Identification Card;
   
   
2. Society of Filipino Forester membership or identification card as a proof that he has his peers ™ acknowledgment of non-violation of the code of ethics for professional foresters; and
   
   
3. Bio-data and documents to validate information contained therein.

8.2. Corporate Contractor

1. Registration with the Securities and Exchange Commission (SEC) or any duly recognized accrediting body acceptable to the RAEC; and
   
   
2. Profile of manpower/personnel possessing the requisite technical expertise, together with photocopy of their individual PRC license, Professional Tax Receipt (PTR), and their biodata.

SECTION 9. Issuance of Certificate of Accreditation - A Certificate of Accreditation which is hereto attached as Annex "A"^* shall be issued by the concerned Regional Accreditation and Evaluation Committee to private contractors who have fully complied with and completed all the requirements prescribed in the preceding section.

The Certificate of Accreditation shall be valid for a period of two (2) years and renewable for a like period.  However, after due process the same shall be withdrawn should the Committee fund grounds to do so pursuant to Section 7.3 of this Order.  Provided, that the affected or concerned party may appeal his case with the Secretary of the DENR.

Accreditation issued by one regional committee shall likewise be valid and acceptable in all other regions.

SECTION 10. Evaluation and Selection Criteria - The following criteria shall be used in the evaluation of private contractors and the methodology or plan of approach in the preparation and development of forest management plan:

10.1.  For Individual Private Contractors:

1. Education - The individual private contractor ™s educational attainment or degree and the relevant training and other related degrees shall be the major considerations in the evaluation process.
   
   
2. Experience - The evaluation of the individual private contractor ™s experience shall be based on the following:

1. Record of previous engagements (to include names, addresses and other references) in the preparation and development of forest management plans;

The Committee may require the submission of plans prepared by the contractor during previous engagements to enable it to assess and evaluate capability and experience as well as quality of work.

2. Record of previous engagements (to include names addresses and other references) other than the preparation and development of forest management plans;

3. Relationship with previous and current clients, including repeat engagements as contractors;

4. Present work commitments, geographical distribution of current and proposed projects indicating their names, location, duration, status and amount;

5. Suitability to the project as determined by age, affiliation, awards and publications; and

6. Acceptability to the affected community/ies.

3. Methodology or plan of approach to be used in the preparation of the plan as prescribed in the agreed Terms of Reference.

The Committee shall use the score sheet prescribed in the process of evaluation and selection of individual private contractors to prepare and develop forest management plans.

10.2.  Corporate Contractor

The criteria to be used in the evaluation and selection of corporate contractor shall be as follows:

A. Experience and Capability of the firm or corporation.  The following shall be considered in the evaluation of the contractor ™s experience and capability:

1. Record of previous engagements (to include names, addresses and other references) in the preparation and development of forest management plans;
   
   The Committee may require the submission of plans prepared by the contractor during previous engagements to enable it to assess and evaluate capability and experience as well as quality of work;
   
   
2. Record of previous engagements (to include names, addresses and other references) other than the preparation and development of forest management plans;
   
   
3. Relationship with previous and current clients, including repeat engagements as contractors;
   
   
4. Present work commitments, geographical distribution of current and proposed projects indicating their names, location, duration, status and amount; and
   
   
5. Acceptability of the contractor to the affected community/ies.

B. Quality of the personnel or staff to be employed or assigned.

For key personnel or staff of the contractor or contracting firm, the technical expertise and educational background shall be the major considerations.

The staff shall also be evaluated as to its ability to work under adverse conditions, i.e. physical and emotional fitness as evidenced by exposure in working under adverse conditions for extended periods. Sworn statements of commitment from the persons to be hired shall likewise be required.

C. Plan of Approach and Methodology.  The plan of approach or methodology in the preparation of the forest management plan shall be evaluated and accepted based on the following criteria:

1. Substance of the proposal as to plan of approach and interpretation of project problems and solutions as outlined in the Terms of Reference;
   
   
2. Completeness of the proposal and compliance with mandatory requirements as to how the work shall be carried out as outlined in the Terms of Reference;
   
   
3. Clarity of methods and approaches to be used and their soundness and practicability to Philippine conditions;
   
   
4. Total man-months proposed for the services in relation to the government estimates as prescribed in the Terms of Reference.

The concerned RAEC shall use the score sheet prescribed in Annex "C"^* in the evaluation and selection of corporate contractors to prepare and develop forest management plans.

SECTION 11. Repealing Clause - All existing rules and regulations inconsistent herewith are hereby repealed and/or amended accordingly.

SECTION 12. Effectivity Clause - This Order takes effect immediately.

Adopted: 16 May 1991

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^* Available at the UP Law Center upon request.