Municipal Treasurer as "Procurement Officer"

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Municipal Treasurer as "Procurement Officer"

Post by engr2965 on Tue Aug 02, 2011 5:55 pm

Can anyone comment on the status of Municipal Treasurers being "Procurement Officers." If I interpreted it right this seemed to be no longer correct per RA 9184.

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Re: Municipal Treasurer as "Procurement Officer"

Post by Guest on Wed Aug 03, 2011 10:46 am

Please check the link http://www.gppb.gov.ph/laws_rules/laws/COA_Circular2003-004.pdf - Prohibition for the Chief Accountant and personnel of accounting units to be regular members of the Bids and Award Committees



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Re: Municipal Treasurer as "Procurement Officer"

Post by Dong S on Wed Aug 03, 2011 2:48 pm

sECTION 76 OF RA 9184 amends, repeals all Laws, RULES and regulations that include, specifically, Title Six, Book Two of Republic Act No. 7160.

Therefor I am of the view that becoming a "Procurement Officer" particularly in the Local setting has to satisfy the requirement of IRR of RA 9184. Also, being a Procurement Officer is not an inherited position/function but HAS TO be a fulfillment and complete adherence to LaW (RA 9184).

But before I go further may I be clarified what d'you mean by "procurement officer" since in the LGU plantilla of positions there is no such a position. Perhaps you are referring to the "support staff" as made mentioned in Section 73.3 of the RIRR? If so, members of this units must be designated and membership thereto must be supported with Executive Order or an apointment as may be applicabe.
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Re: Municipal Treasurer as "Procurement Officer"

Post by Wonder Five on Wed Aug 03, 2011 5:32 pm

Good day.

I believe that procurement is an additional task of the General Services Officer (GSO). However, if no GSO available in an agency, the HOPE will designate one which is not connected with the finance office/s, so as not to defeat the purpose of check and balance.

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Re: Municipal Treasurer as "Procurement Officer"

Post by sunriser431 on Wed Aug 03, 2011 7:14 pm

engr2965 wrote:Can anyone comment on the status of Municipal Treasurers being "Procurement Officers." If I interpreted it right this seemed to be no longer correct per RA 9184.
Having dual capacity and performing both the duties and responsibilities there will be no check and balance as there could be conflict of interests. bounce

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Re: Municipal Treasurer as "Procurement Officer"

Post by Dong S on Thu Aug 04, 2011 12:06 pm

The Law (RA 9184) and its RIRR is very clear as regards to who shall administer and or manage the functions relative to government procurement. The Law simply identify them "personnel involve in the procurement activities" in their respective Agency.

Sections 11-14 of the RIRR provides and set the standards for the Procuring Entity to implement. One, a single BAC must be established. Two, a BAC Secretariat shall be created to serve as administrative support unit of the BAC.

Wonder Five may be suggesting that procurement related functions is an inherited function of the MTO/GSO which may be in conflict or contrary to Section 76 of the present Law.

There is no LEGAL basis where one can REFER that procurement is an additional function of GSO or any other office within the Agency should there be no proper Designation and Creation as indicated above.

And also, restriction of the chief Accountant to being regualr member to the BAC is the only prohibition in as far as finance office's limit for that matter.

So, to conclude that all offices connected to FINANCE is bar to being part in administering government procurement is a "far fetch" idea. Perhaps, but first the Law must be amended accordingly.
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