Who has the power to create the TWG? <alice berba>

View previous topic View next topic Go down

Who has the power to create the TWG? <alice berba>

Post by engrjhez® on Fri Mar 27, 2009 3:14 pm

In response to the query (in the chatbox) of "alice berba", may I cite Section 12.1 of the IRR:

12.1. The BAC shall have the following functions: advertise and/or post the invitation to bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of bids, undertake post-qualification proceedings, resolve motions for reconsideration, recommend award of contracts to the head of the procuring entity or his duly authorized representative... recommend the imposition of sanctions in accordance with Rule XXIII, and perform such other related functions as may be necessary, including the creation of a Technical Working Group (TWG) from a pool of technical, financial and/or legal experts to assist in the procurement process, particularly in the eligibility screening, evaluation of bids and postqualification. x x x

So it is the BAC who may create the TWG. Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

re:WHO HAS THE POWER TO CREATE THE TWG?

Post by mealigan on Fri Mar 27, 2009 6:01 pm

I believe that the BAC can recommend the creation as well as the members of the TWG since only the HOPE can issue designations to that effect.

mealigan
New Member
New Member

Male Number of posts : 19
Company/Agency : Bicol University College of Engineering
Occupation/Designation : Asst. Dean / Procurement Trainor
Registration date : 2008-09-21

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by engrjhez® on Fri Mar 27, 2009 8:39 pm

mealigan wrote:I believe that the BAC can recommend the creation as well as the members of the TWG since only the HOPE can issue designations to that effect.
There is no prohibition in recommending the creation of the TWG to the HOPE. That would be sufficiently and ethically possible in courtesy to the same. But the GPRA and it's IRR, to me, is very categorical in the creation of the TWG - and it's part of BAC's function.

The only mandatory "power of creation" vested to the HOPE is the creation of the BAC and its Secretariat. Smile
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by mealigan on Fri Mar 27, 2009 10:23 pm

I am looking at this from the management point of view, BAC members being designees themselves can not designate others since they have no designating authority. Budget Circular No. 2004-5A issued by the DBM providing for the guidelines on the grant of honoraria to those involved in procurement states in Sec. 5.5:
"To be entitled to honoraria, personnel should be duly assigned as chair or member of the BAC or the TWG by the head of the department/agency concerned.
While this maybe a matter of interpretation, we would not want BAC members to be deprived of just compensation on mere reasons of assignment or designations.
It won't matter at all on who issued them assignments or designations if the TWG members would not claim for honoraria or just compensation.
In our case, all assignments or designations are issued by the head of the agency, hence, my comments on these .
I would suggest that this be clarified by GPPB since there are conflicting issues here: maybe we have to ask anybody from CSC to shed light on matters of designation or assignment especially if it involves honoraria or other forms of compensation.

mealigan
New Member
New Member

Male Number of posts : 19
Company/Agency : Bicol University College of Engineering
Occupation/Designation : Asst. Dean / Procurement Trainor
Registration date : 2008-09-21

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by engrjhez® on Sat Mar 28, 2009 9:00 pm

mealigan wrote:
I would suggest that this be clarified by GPPB since there are conflicting issues here: maybe we have to ask anybody from CSC to shed light on matters of designation or assignment especially if it involves honoraria or other forms of compensation.
You may have a point in mentioning section 5.5 of DBM BC 2004-5A (which is not repealed nor amended in BC 2007-3). A TWG created by the BAC shall not receive honoraria in this case. However, between the DBM-BC and the GRPA/IRR, I would assume the latter is more binding.

Nevertheless, I therefore agree, that it's up to the GPPB to clarify this issue. Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by RDV @ GP3i on Sat Mar 28, 2009 10:18 pm

engrjhez wrote:
mealigan wrote:
I would suggest that this be clarified by GPPB since there are conflicting issues here: maybe we have to ask anybody from CSC to shed light on matters of designation or assignment especially if it involves honoraria or other forms of compensation.
You may have a point in mentioning section 5.5 of DBM BC 2004-5A (which is not repealed nor amended in BC 2007-3). A TWG created by the BAC shall not receive honoraria in this case. However, between the DBM-BC and the GRPA/IRR, I would assume the latter is more binding.

Nevertheless, I therefore agree, that it's up to the GPPB to clarify this issue. Very Happy

I think we should read the provision in the context it was written in the IRR-A, which is:

The BAC shall have the following functions, advertise and/or post the invitation to bid...and perform such other related functions as may be necessary, including the creation of a Technical Working Group (TWG) from a pool of technical, financial and/or legal experts .

Yes, the BAC has the function of creation a TWG, but it has to get the membership from a pool of experts. Who designates the people who will form part of the "pool"? It is the HOPE as the head of the agency or LGU.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by engrjhez® on Sat Mar 28, 2009 11:23 pm

RDV wrote:Yes, the BAC has the function of creation a TWG, but it has to get the membership from a pool of experts. Who designates the people who will form part of the "pool"? It is the HOPE as the head of the agency or LGU.
In our case we derived/extracted the TWG from our plantilla personnel with technical qualifications. They were not specifically designated to form a "pool" of experts but were appointed (by the HOPE) to act as chair and members of the TWG. Does the term "pool" as it applies on the TWG, has (another) more specific definition? pirat
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by RDV @ GP3i on Sun Mar 29, 2009 11:26 am

engrjhez wrote:
RDV wrote:Yes, the BAC has the function of creation a TWG, but it has to get the membership from a pool of experts. Who designates the people who will form part of the "pool"? It is the HOPE as the head of the agency or LGU.
In our case we derived/extracted the TWG from our plantilla personnel with technical qualifications. They were not specifically designated to form a "pool" of experts but were appointed (by the HOPE) to act as chair and members of the TWG. Does the term "pool" as it applies on the TWG, has (another) more specific definition? pirat

I dont think it has some other technical meaning in the GPRA, except its normal dictionary meaning.

What could be the reason behind the requirement for pooling these techinical, financial and legal experts? I think, the main reason is to facilitate the matter of selecting the membership to the TWG from the standpoint of the BAC. Each procurement is not necessarily the same as the others, so the membership in the TWG may be different from the previous one. If there is already a "pool", previously designated by the HOPE, the BAC no longer needs to go to the HOPE for APPROVAL since it has only to select the each membership of the TWG from that pool.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by engrjhez® on Mon Mar 30, 2009 12:46 pm

RDV wrote:What could be the reason behind the requirement for pooling these techinical, financial and legal experts? I think, the main reason is to facilitate the matter of selecting the membership to the TWG from the standpoint of the BAC. Each procurement is not necessarily the same as the others, so the membership in the TWG may be different from the previous one. If there is already a "pool", previously designated by the HOPE, the BAC no longer needs to go to the HOPE for APPROVAL since it has only to select the each membership of the TWG from that pool.
I am aware that public bidding in Philippines was established long before i was born. Now based on your statement, did the creation of the "pool" of technical, financial and legal experts been defined by (a previous) law? Because I thought such term is first mentioned in the GPRA.

Just three years with the BAC... Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by riddler on Mon Mar 30, 2009 1:07 pm

im 3 years with the BAC too engrjhez! Laughing

where in the world of our LGU can we find these "pool" of technical, financial and legal experts? Frankly, our BAC-TWG-SECRETARIAT lacks these "adjectives" to fulfill our duties to the fullest. Most of us did not undergo trainings on the implementation of the GPRA, and worst, majority of the Secretariat are "job-orders". buti na lang may online FORUM, ANO na lang kaya dun sa mga far flung LGU? just Imagine the nightmares of their BAC-TWG-SECRETARIAT.
avatar
riddler
Board General
Board General

Male Number of posts : 598
Company/Agency : lgu
Occupation/Designation : endyeenel
Registration date : 2009-03-03

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by RDV @ GP3i on Mon Mar 30, 2009 2:23 pm

engrjhez wrote:I am aware that public bidding in Philippines was established long before i was born. Now based on your statement, did the creation of the "pool" of technical, financial and legal experts been defined by (a previous) law? Because I thought such term is first mentioned in the GPRA.

I am not aware whether it was defined by (a previous) law, if it will matter at all. So, even if it was first mentioned in the GPRA, what difference does that make?

tianchon,ruel wrote:im 3 years with the BAC too engrjhez! Laughing
where in the world of our LGU can we find these "pool" of technical, financial and legal experts? Frankly, our BAC-TWG-SECRETARIAT lacks these "adjectives" to fulfill our duties to the fullest. Most of us did not undergo trainings on the implementation of the GPRA, and worst, majority of the Secretariat are "job-orders". buti na lang may online FORUM, ANO na lang kaya dun sa mga far flung LGU? just Imagine the nightmares of their BAC-TWG-SECRETARIAT.

The following is the provision of Sec. 12.1 of IRR-A on the functions of the BAC, where you can find the term "pool":

12.1. The BAC shall have the following functions: advertise and/or post the invitation
to bid, conduct pre-procurement and pre-bid conferences, determine the
eligibility of prospective bidders, receive bids, conduct the evaluation of bids,
undertake post-qualification proceedings, resolve motions for reconsideration,
recommend award of contracts to the head of the procuring entity or his duly
authorized representative: Provided, however, That in the event the head of the
procuring entity shall disapprove such recommendation, such disapproval shall
be based only on valid, reasonable and justifiable grounds to be expressed in
writing, copy furnished the BAC; recommend the imposition of sanctions in
accordance with Rule XXIII, and perform such other related functions as may be
necessary, including the creation of a Technical Working Group (TWG) from a
pool of technical, financial and/or legal experts
to assist in the procurement
process, particularly in the eligibility screening, evaluation of bids and postqualification.
In proper cases, the BAC shall also recommend to the head of the
procuring entity the use of Alternative Methods of Procurement as provided for
in Rule XVI hereof.

If you cannot have a "pool" due to lack of manpower, then make do with what you have, or you can hire people from outside. Don't be straight-jacketed by that provision. I think, it was put there to help procuring entities rather than to be a hindrance to the implementation of the law.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Who has the power to create the TWG? <alice berba>

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum