Authority to Declare Splitting

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Authority to Declare Splitting

Post by arsbib on Thu Sep 01, 2011 9:36 am

Good Day! May I ask if who is the right authority to declare that there exist splitting of contract? Is the Bids and Awards Committee or any member has the authority to declare such or hold the procurement processes because of apparent splitting of contract?.

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Re: Authority to Declare Splitting

Post by engrjhez® on Thu Sep 01, 2011 9:46 am

arsbib wrote:Good Day! May I ask if who is the right authority to declare that there exist splitting of contract? Is the Bids and Awards Committee or any member has the authority to declare such or hold the procurement processes because of apparent splitting of contract?.

It is the COA that issued guidelines and prohibition referring to "splitting of government contracts", hence it is not actually an "authority to declare" but an inherent "power" of COA to identify and/or prevent any transaction with such violation.

Nevertheless, since"splitting of contracts" particularly those being done to circumvent the bidding procedures are violative under Philippine laws, the PE must ensure that this would not happen even before procurement contracts are conceived and procurement process have been initiated.

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Re: Authority to Declare Splitting

Post by arsbib on Thu Sep 01, 2011 12:57 pm

thanks for the reply. The actual problem that arose as basis for this query is that there was sometime a purchse request which is very apparent that there exist a splitting. When our budget officer see the purchase request, in whatever manner that is beyond my knowledge, the latter called the attention of the office of the HOPE but the office of the HOPE said that the authority of the budget officer is only to determine availability of appropriation. If that is the case, the BAC is only duty bound to look for suppliers and not to determine such splitting. We fear that the lifting of pre audit duty of the auditor may cause the repetition of the same situation then later we will find ourselves in a situation that we can no longer evade.

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Re: Authority to Declare Splitting

Post by engrjhez® on Thu Sep 01, 2011 2:26 pm

arsbib wrote:thanks for the reply. The actual problem that arose as basis for this query is that there was sometime a purchse request which is very apparent that there exist a splitting. When our budget officer see the purchase request, in whatever manner that is beyond my knowledge, the latter called the attention of the office of the HOPE but the office of the HOPE said that the authority of the budget officer is only to determine availability of appropriation. If that is the case, the BAC is only duty bound to look for suppliers and not to determine such splitting. We fear that the lifting of pre audit duty of the auditor may cause the repetition of the same situation then later we will find ourselves in a situation that we can no longer evade.

Actually, you don't need the COA to identify and avoid splitting. If you have a well established APP (which is a consolidation of individual PPMPs), you don't have to worry on splitting. The problem is if we are not procuring in accordance with APP, where PR are prepared reactively or "as need arises". The APP should be proactive and must have anticipated the procurement schedules beforehand.

It will be a good practice if the BAC will ensure that no splitting will occur since the schedule of procurement is determined or adjusted by the them. In the end, it will be the protection for the entire agency. Smile
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Re: Authority to Declare Splitting

Post by REZIE on Thu Sep 01, 2011 3:32 pm

Can I share? In our case, we in the Provincial Environment (PENRO) has Community Environment Offices ( CENROs ), we have a whole financial plan broken down into CENROs because CENROs are the ones to implement, Say a 1million project divided into four CENROs tantamount to 250. Is that splitting?

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Re: Authority to Declare Splitting

Post by engrjhez® on Thu Sep 01, 2011 3:47 pm

REZIE wrote:Can I share? In our case, we in the Provincial Environment (PENRO) has Community Environment Offices ( CENROs ), we have a whole financial plan broken down into CENROs because CENROs are the ones to implement, Say a 1million project divided into four CENROs tantamount to 250. Is that splitting?

If the PENRO will be the PE and its BAC will conduct the procurement proceedings, then it is but logical to post it as 1M even if the project has 4 components. If the CENROs have individual BAC that process each procurement activity individually, it may not be considered "splitting". Please refer to your APP. Smile
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Re: Authority to Declare Splitting

Post by REZIE on Thu Sep 01, 2011 4:01 pm

Another query, since the project is to be implemented by the CENROs, definitely it will trim down to a smaller amount, can they use outright the alternative mode of procurement? thanks for the info...

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Re: Authority to Declare Splitting

Post by engrjhez® on Thu Sep 01, 2011 4:06 pm

REZIE wrote:Another query, since the project is to be implemented by the CENROs, definitely it will trim down to a smaller amount, can they use outright the alternative mode of procurement? thanks for the info...

The two (2) requirements apply:
  1. prior approval of the HOPE;
  2. whenever justified by the conditions of RA 9184

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Re: Authority to Declare Splitting

Post by arsbib on Wed Sep 07, 2011 9:28 am

Going back to my posts, what if the office of the HOPE itself is the one making the attempt? can the BAC declare such splitting and refuse to conduct the procurement process?

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Re: Authority to Declare Splitting

Post by engrjhez® on Wed Sep 07, 2011 10:08 am

arsbib wrote:Going back to my posts, what if the office of the HOPE itself is the one making the attempt? can the BAC declare such splitting and refuse to conduct the procurement process?

The BAC, being the recommendatory body on procurement, must not recommend a procurement violative of "splitting". You need to to declare because there is nothing yet to declare. If the HOPE insists, you can present your APP with certain reservations in your Resolution that "after the recommendation of the BAC not to pursue and recommend... the HOPE insisted... hence..." Smile
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