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    Date: 2022-09-14 21:27:11.391759

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    Date: 2022-09-15 19:33:32.647768

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    Date: 2022-10-06 14:10:52.265276

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Procurement contracts entered into by the DOH for the COVID-19 vaccine manufacturers

Requested from DOH by M. Evangelista at 09:27 PM on Sep 14, 2022.
Purpose: Research
Date of Coverage: 01/01/2021 - 09/14/2022
Tracking no: #DOH-168487868932

Evangelista 09:27 PM, Sep 14, 2022 

Gentlemen:

We request for copies of all contracts for the procurement of COVID-19 vaccines entered into by the DOH pursuant to its authority under Section 3 of RA 11525, which provides:
"Section 3. Procurement of COVID-19 Vaccines and Ancillary Supplies and Services. - Notwithstanding any law to the contrary, the DOH and the NTF, either through themselves jointly or in cooperation with any national government agency or instrumentality or LGU, are authorized to procure COVID-19 vaccines, x x x"

Evangelista 09:38 PM, Sep 14, 2022 

R.A. 11525 provides:
"Section 13. Reportorial Requirement and Creation of an Oversight Committee. - Upon the effectivity of this Act, the Vaccine Czar, the DOH and the IATF-EID shall submit a monthly report to Congress on the implementation of the COVID-19 Vaccination Program which shall include agreements made by Procuring Entities pursuant to this Act, date of the delivery, storage and deployment of vaccines, the number of persons inoculated, and other relevant information as may be required by Congress."

Therefore, the DOH is required by law to submit agreement made by procuring entities.

Receiving Officer 07:33 PM, Sep 15, 2022 

September 15, 2022

Dear Maria,

Thank you for your request dated Sep 14, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Procurement contracts entered into by the DOH for the  COVID-19 vaccine manufacturers.

We received your request on Sep 14, 2022 and will respond on or before Oct 05, 2022 09:27:11 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster101018130000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSC0xNjg0ODc4Njg5MzIM, for request with ticket number #DOH-168487868932.

Thank you.

Respectfully,

FOI Receiving Officer
FOI Officer

Maker 03:37 PM, Sep 19, 2022 

Dear Ms. Maria Evangelista

Please be informed that we have endorsed your request to the DOH Legal Service for action. Kindly await for their response, thank you


October 6, 2022

Dear Maria Evangelista,

Greetings!

Thank you for your request dated Sep 14, 2022 09:27:11 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Procurement contracts entered into by the DOH for the  COVID-19 vaccine manufacturers.

Response to your request

While our aim is to provide information whenever possible, in this instance this Office does not have the information you have requested. 

Under Section 13 of RA No. 11525, it provides that "The vaccine czar, the DOH and IATF-EID shall submit a monthly report to Congress on the implementation of the COVID-19 Vaccination Program which shall include agreements made by the Procuring Entities xxx"

the law is clear when it states that the required submission of the monthly report, including supply agreements and other relevant information, shall be for the information of Congress on the implementation of the COVID-19 Vaccination Program.

You are not part of Congress. Hence, you cannot invoke the application of Section 13 of RA No. 11525 for this request

Moreover, Section 6 of RA 11525 is explicit as to the information or data allowed to be disclosed. The enumeration of the law does not include the COVID-19 contract or Supply agreements with the manufacturers which you are requesting. Hence, there is no application of Section 6 RA No. 11525 as regards to your request

Thank you


For further assistance you may review the FAQ section of the eFOI site: https://efoi-ph.appspot.com/help.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to DOH Central Appeals and Review Committee, at foi@doh.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,
FOI Decision Maker
FOI Officer

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