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Provisional BAC members and Honoraria

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Provisional BAC members and Honoraria

Post by mon_tejano on Fri Apr 08, 2011 9:33 am

Sir, I'd like to get your expert advice on the following:

I'd like to highlight some provisions in law.

Point 1: Under Sec. 11.2 of the IRR-A, composition of the BAC should be at least five (5) and not more than seven (7). Of the 5 members (minimum), 3 are regular members and 2 provisional members. Under 11.2.1, The provisional members can be selected from the following a.) 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 b.) A representative from the end user unit who has knowledge of procurement laws and procedures.

Point 2: Under Sec. 11.2.4, the BAC shall have a fixed terms of one (1) year reckoned
from the date of appointment renewable at the discretion of HOPE.

Point 3: Under "VOLUME 1: Guidelines on the Establishment of Procurement Systems and
Organizations", page 14 "Provisional members will only participate in the deliberations
of the BAC for procurements over which they have a direct interest. For example, in the
procurement of computers, the technical member for ICT will participate in
BAC deliberations together with the representative of the PMO/end-user unit"

Point 4: The procuring entity may grant payment of honoraria to the BAC members in an amount not
to exceed twenty five percent (25%) of their respective basic monthly salary subject to
availability of funds. For this purpose, the DBM shall promulgate the necessary guidelines.
The procuring entity may also grant payment of honoraria to the TWG members, subject to
the relevant rules of the DBM.4


Our Case:

We are an NGA, and our office has selected provisional members (librarian II, secretary III)
from the end-user group of which they have attended procurement seminars last year.
They have corresponding Special Orders signed by the HOPE as well.

Some Questions:
1.) Can the provisional members attend the opening of bids and assist the regular BAC members in verifying
bid documents. If not, are they only limited to what has been stated in Point #3 that is during deliberations?
What particular event in the bidding cycle will they participate?

2.) Can the management, particularly 2nd-Ranking officials, (not HOPE) modify the composition of the
the provisional members anytime specially on the type of procurement project being sought (ie. IT works,
, engineering) on the grounds that they are termed "provisional" and that their current technical capacities
are not in-line with procurement activity being sought? Are they protected by Point #2 that they are to perform
as provisional members for one (1) year until a new SO or HOPE designates different provisional members?

3.) Are the provisional members entitled to Honoraria for every successful project based on Point #4?
Our management is particular on the granting of Honoraria for the provisional members since they are only involved
on some parts of the bidding cycle particularly what has been highilighted in Point #3. Are they entitled to
received the prescribe amount similar to what regular BAC members should receive?

mon_tejano
New Member
New Member

Male Number of posts : 7
Company/Agency : Mindanao Development Authority
Occupation/Designation : ITO-1 / BAC TWG
Registration date : 2011-04-07

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Re: Provisional BAC members and Honoraria

Post by RDV @ GP3i on Fri Apr 08, 2011 11:37 am

mon_tejano wrote:
Our Case:

We are an NGA, and our office has selected provisional members (librarian II, secretary III)
from the end-user group of which they have attended procurement seminars last year.
They have corresponding Special Orders signed by the HOPE as well.

Some Questions:
mon_tejano wrote:1.) Can the provisional members attend the opening of bids and assist the regular BAC members in verifying
bid documents. If not, are they only limited to what has been stated in Point #3 that is during deliberations?
What particular event in the bidding cycle will they participate?
Yes. Point #3 refers to deliberations for each procurement activity, and not a limitation to participate only on certain stages of a procurement activity. A provisional member, therefore, is designated because he has either a technical expertise on a particular procurement project, or because he/she represents the end-user unit or PMO for that procurement project. He/She participates in all the activities for that project, from pre-procurement conference, opening of bids, up to the recommendation for award of contract.

mon_tejano wrote:2.) Can the management, particularly 2nd-Ranking officials, (not HOPE) modify the composition of the
the provisional members anytime specially on the type of procurement project being sought (ie. IT works,
, engineering) on the grounds that they are termed "provisional" and that their current technical capacities
are not in-line with procurement activity being sought? Are they protected by Point #2 that they are to perform
as provisional members for one (1) year until a new SO or HOPE designates different provisional members?
The answer again is yes, precisely because the provisional member's expertise is quite specific or he/she represents the end-user unit. If the provisional member's expertise is on IT, and when procurement is on civil works, then another provisional member whose expertise is engineering may be designated. The same is true with the provisional member who is representing the end-user unit of PMO.

mon_tejano wrote:3.) Are the provisional members entitled to Honoraria for every successful project based on Point #4?
Our management is particular on the granting of Honoraria for the provisional members since they are only involved
on some parts of the bidding cycle particularly what has been highilighted in Point #3. Are they entitled to
received the prescribe amount similar to what regular BAC members should receive?
Yes, again, if the provisional member participated as BAC member in that "successfully completed" procurement project. If the provisional member did not actually participate in the entire procurement process, the procuring entity can have its own internal rules, such as proportionate pay only on those activities participated by the provisional member, in fairness to the other members of the BAC who are serious with their "jury duty" as BAC members. The same is true for all members of the BAC, whether regular, provisional or alternate BAC members.
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RDV @ GP3i
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Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

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Re: Provisional BAC members and Honoraria

Post by mon_tejano on Fri Apr 08, 2011 1:12 pm

Sir RDV, thank you for response. This is very helpful to us. Thanks again,

mon_tejano
New Member
New Member

Male Number of posts : 7
Company/Agency : Mindanao Development Authority
Occupation/Designation : ITO-1 / BAC TWG
Registration date : 2011-04-07

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Re: Provisional BAC members and Honoraria

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