Latest topics
» No Objection Letter
Yesterday at 5:21 pm by zeph03

» CATERING SERVICES FOR CONGRESSIONAL MEET AT SAGBAYAN, BOHOL
Thu Dec 14, 2017 7:14 pm by btorres4

» PURCHASE OF FERTILIZERS FOR LIVESTOCK, CORN, HVCDP, INLAND FISHERY, AND ORGANIC PROGRAM
Thu Dec 14, 2017 4:35 pm by btorres4

» Newspaper Publication
Thu Dec 14, 2017 4:10 pm by btorres4

» RENTAL OF LIGHTS AND SOUND SYSTEM
Thu Dec 14, 2017 3:46 pm by btorres4

» Newspaper Publication
Wed Dec 13, 2017 9:50 pm by btorres4

» PURCHASE OF OTHER SUPPLIES FOR SB OFFICE
Wed Dec 13, 2017 4:51 pm by btorres4

» PURCHASE OF RICE FOR FOOD SUPPLIES OF PEACE & ORDER CAMPAIGN
Wed Dec 13, 2017 3:19 pm by btorres4

» Expired Tax Clearance during payment
Wed Dec 13, 2017 3:11 pm by vallemaco6224

» PURCHASE OF MEDICINE FOR MHO
Wed Dec 13, 2017 2:53 pm by btorres4


Advertising and Splitting

View previous topic View next topic Go down

Advertising and Splitting

Post by angelo on Fri May 22, 2009 10:40 am

Our agency is planning to advertise in PhilGEPS for materials costing 2.3M and labor costing .8M for a total of 3.1M. Do we still need to advertise this in a newspaper of general nationwide circulation or on a local newspaper of general circulation? THANKS
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Advertising and Splitting

Post by angelo on Fri May 22, 2009 10:52 am

In the part of labor cost (P.8M), subdivide into 5 items, one items cost is .5M and the rest are below 250K. if in case we only advertise for the item which cost above 250K and just have the rest for canvassing for eligible suppliers, what have we violated? is it splitting? knowing that the nature of this labor is the same.
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Advertising and Splitting

Post by RDV @ GP3i on Fri May 22, 2009 11:40 am

angelo wrote:Our agency is planning to advertise in PhilGEPS for materials costing 2.3M and labor costing .8M for a total of 3.1M. Do we still need to advertise this in a newspaper of general nationwide circulation or on a local newspaper of general circulation? THANKS

angelo wrote:In the part of labor cost (P.8M), subdivide into 5 items, one items cost is .5M and the rest are below 250K. if in case we only advertise for the item which cost above 250K and just have the rest for canvassing for eligible suppliers, what have we violated? is it splitting? knowing that the nature of this labor is the same.

If all those costs you mentioned are part and parcel of only one project costing P3.1M, then you need to advertise also in a newspaper of general nationwide circulation if is procurement of GOODS (since the ABC is above P2M), but is no longer necessary if is procurement of WORKS (not more than P5M ABC). If you want to show the cost components of the project, such as materials and labor, and down further, it is up to you, but they are still components of one particular project. However, if the reason for trying to break the project down is to circumvent the provisions of the GPRA, such as the requirement for competitive bidding, then you could be guilty of SPLITTING OF CONTRACT.
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

Splitting?

Post by angelo on Sat May 30, 2009 7:16 pm

I lost track of my previous topic on splitting. I would just like to ask for your opinion in our case. Our to school is in need of built in cabinets, dividers, tables, etc. amounting to 2.3M for materials & .8M for labor subdivided into several items because we segrated labor for each (eg. labor for table, labor for cabinets, labor for dividers..etc. My question are 1. Is it ok for us to published this to philGEPS separetely? 2. Can we only choose the materials (2.3M) to be published to PhilGEPS? 3. Can we use "pakyaw" process to acquire labor service for these particular project?.... How does pakyaw apply to our case?... Please site or give me a basis/ law in order to avoid problems that might be encountered. thanks
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Advertising and Splitting

Post by riddler on Sat May 30, 2009 9:38 pm

angelo wrote:I lost track of my previous topic on splitting. I would just like to ask for your opinion in our case. Our to school is in need of built in cabinets, dividers, tables, etc. amounting to 2.3M for materials & .8M for labor subdivided into several items because we segrated labor for each (eg. labor for table, labor for cabinets, labor for dividers..etc. My question are 1. Is it ok for us to published this to philGEPS separetely?

I hope your Office would procure these things into one whole package by contract, re: supplies of labor and materials .there are lots of Contractors who can do those things. In that way, your office reduces its headaches on managing its implementation. But, if you really intend to divide it into a different cost components i think you are tip-toeing the matter like, splitting the contract. If not, be reminded that for pakyaw contract BY-Administratrion, the maximum contract for labor is only .5M. However, if your labor components are divided into several parts which are below .5M, then you can proceed with pakyaw contract BY-Administration (See GPPB Resolution 18-2006). There are numerous topics in this forum relating to pakyaw contracts.

For goods (2.3 M involving materials for cabinets, dividers, tables, etc), I suggest that you have to lump it all together and publish it in a newspaper of national circulation, your website, conspicous place, and the Philgeps.

Pagdating sa "By-Adminitration Pakyaw Labor contract", i think you may or may not publish it to Philgeps since these labor components are source-out anyway from your local vicinity or Barangay.
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: Advertising and Splitting

Post by angelo on Sun May 31, 2009 11:46 pm

there are several components in our labor requirement, one component cost' .5M plus but some of my supervisors intent to divide it to avoid the threshold of .5M. If we proceed with their intentions, what particular law are we violating and what should i do to avoid these problem. thank you very much for sharing your ideas to our concern.
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Advertising and Splitting

Post by engrjhez® on Mon Jun 01, 2009 9:57 pm

angelo wrote:I lost track of my previous topic on splitting...
The way you define the scope of works, it can be classified as "civil works". You dont need to bother for labor components. You may procure thru infra-public bidding as Engr.Ruel suggested, without avoiding thresholds (which sounded like "pakyaw" contract to me).

BTW, if you want to return to your other post, click here.

If you want to see a topic on "pakyaw" contracts, click here.
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
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: Advertising and Splitting

Post by RDV @ GP3i on Tue Jun 02, 2009 2:17 pm

angelo wrote:there are several components in our labor requirement, one component cost' .5M plus but some of my supervisors intent to divide it to avoid the threshold of .5M. If we proceed with their intentions, what particular law are we violating and what should i do to avoid these problem. thank you very much for sharing your ideas to our concern.


For the materials, you have to resort to public bidding since the amount is P2.3m. You have to advertise also in newspaper as well as in the PhilGEPS, etc.

For the labor component, if you want to use pakyaw contract, the maximum amount per pakyaw contract is P.5M but you can award to several pakyaw group so you can actually exceed the P.5m threshold so long as per pakyaw contract does not exceed that amount,
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: Advertising and Splitting

Post by riddler on Tue Jun 02, 2009 2:49 pm

RDV, can you also share your opinion if Angelo's concern does not violate splitting of contracts?
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: Advertising and Splitting

Post by RDV @ GP3i on Tue Jun 02, 2009 3:52 pm

ruel t. wrote:RDV, can you also share your opinion if Angelo's concern does not violate splitting of contracts?

I will try, engr ruel.

The project, according to angelo, is divided into P2.3M materials and P.8M labor. They decided to do the project by Administration.

For the materials, it will be procurement of GOODS. Since the amount is P2.3M it has to be done by public bidding and has to be advertised in newspaper aside from the posting requirement for 7 c.d.

For the labor portion amounting to P.8M, if they want to have it done by "pakyaw" groups, it is alright to divide in into several pakyaw labor components. The maximum amount of pakyaw contract is P.5M. If for example they divide it into 3 labor components, they could award to 3 pakyaw groups. It could not be splitting of contract.
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: Advertising and Splitting

Post by ma.vina on Thu Jun 04, 2009 12:48 pm

angelo wrote:I lost track of my previous topic on splitting. I would just like to ask for your opinion in our case. Our to school is in need of built in cabinets, dividers, tables, etc. amounting to 2.3M for materials & .8M for labor subdivided into several items because we segrated labor for each (eg. labor for table, labor for cabinets, labor for dividers..etc. My question are 1. Is it ok for us to published this to philGEPS separetely? 2. Can we only choose the materials (2.3M) to be published to PhilGEPS? 3. Can we use "pakyaw" process to acquire labor service for these particular project?.... How does pakyaw apply to our case?... Please site or give me a basis/ law in order to avoid problems that might be encountered. thanks

We solve this problem in a different way. If you are not such in a hurry you could break the procurement into manageable groups of not more than P500k per month (including labor cost) per project cost to do away with publication in the papers. Raise the non-refundable bidding documents fee to the maximum limit and no prospective bidder would bid. After two failures (usually about 14 days) you can do an alternative procurement method.
avatar
ma.vina
New Member
New Member

Female Number of posts : 4
Company/Agency : barangay69-lgu
Occupation/Designation : secretary
Registration date : 2009-05-29

Back to top Go down

Re: Advertising and Splitting

Post by RDV @ GP3i on Thu Jun 04, 2009 1:18 pm

ma.vina wrote:
angelo wrote:I lost track of my previous topic on splitting. I would just like to ask for your opinion in our case. Our to school is in need of built in cabinets, dividers, tables, etc. amounting to 2.3M for materials & .8M for labor subdivided into several items because we segrated labor for each (eg. labor for table, labor for cabinets, labor for dividers..etc. My question are 1. Is it ok for us to published this to philGEPS separetely? 2. Can we only choose the materials (2.3M) to be published to PhilGEPS? 3. Can we use "pakyaw" process to acquire labor service for these particular project?.... How does pakyaw apply to our case?... Please site or give me a basis/ law in order to avoid problems that might be encountered. thanks

We solve this problem in a different way. If you are not such in a hurry you could break the procurement into manageable groups of not more than P500k per month (including labor cost) per project cost to do away with publication in the papers. Raise the non-refundable bidding documents fee to the maximum limit and no prospective bidder would bid. After two failures (usually about 14 days) you can do an alternative procurement method.

Ms. ma.vina, what you did could be considered Splitting of contract, which is criminally punishable under RA 9184.
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: Advertising and Splitting

Post by engrjhez® on Thu Jun 04, 2009 5:34 pm

ma.vina wrote:
We solve this problem in a different way. If you are not such in a hurry you could break the procurement into manageable groups of not more than P500k per month (including labor cost) per project cost to do away with publication in the papers. Raise the non-refundable bidding documents fee to the maximum limit and no prospective bidder would bid. After two failures (usually about 14 days) you can do an alternative procurement method.
You are directly circumventing the bidding process (Section 54.1), evading the required publishing in a newspaper of general nationwide circulation, and by illegally using Negotiated Procurement (Section 53.a).

Twisted Evil
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2481
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: Advertising and Splitting

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