Legal officer as secretariat?

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Legal officer as secretariat?

Post by JunGabriel on Wed Nov 16, 2011 10:00 am

As I understand, the Legal Officer of the procuring entity may be a member of the TWG. But the TWG may be scrapped. Can the LO be a member of the secretariat? If yes, can he sign the jurat of the contract? I mean the sworn statement (affidavit) to comply with the terms of the contract made by the winning bidder.

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Re: Legal officer as secretariat?

Post by jcolas on Wed Nov 16, 2011 12:42 pm

"JunGabriel wrote"
.As I understand, the Legal Officer of the procuring entity may be a member of the TWG. But the TWG may be scrapped. Can the LO be a member of the secretariat? If yes, can he sign the jurat of the contract? I mean the sworn statement (affidavit) to comply with the terms of the contract made by the winning bidder..

Section 14 of the IRR is silent on who the exact personalities shall be designated as the BAC SEcretariat. What is evident is, the BAC Secretariat Head in Central Office should be at least fifth ranking, if not available, the next lower rank; in bureau, regional offices and sub regional offices, a third ranking or a permanent employee of the next lower rank. They should be known by their integrity and proficiency.

If your legal officer is the BAC Secretariat, then he should not sign whatever sworn statement related to the procurement of the office.
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Re: Legal officer as secretariat?

Post by JunGabriel on Thu Nov 17, 2011 8:51 am

THank you sir for the information... Smile

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Re: Legal officer as secretariat?

Post by engrjhez® on Thu Nov 17, 2011 6:39 pm

jcolas wrote:"JunGabriel wrote"
.As I understand, the Legal Officer of the procuring entity may be a member of the TWG. But the TWG may be scrapped. Can the LO be a member of the secretariat? If yes, can he sign the jurat of the contract? I mean the sworn statement (affidavit) to comply with the terms of the contract made by the winning bidder..

Section 14 of the IRR is silent on who the exact personalities shall be designated as the BAC SEcretariat. What is evident is, the BAC Secretariat Head in Central Office should be at least fifth ranking, if not available, the next lower rank; in bureau, regional offices and sub regional offices, a third ranking or a permanent employee of the next lower rank. They should be known by their integrity and proficiency.

If your legal officer is the BAC Secretariat, then he should not sign whatever sworn statement related to the procurement of the office.

I am into opinion that if the Legal Officer signs the jurat of OSS or the acknowledgement of contract in the performance of his/her official function (meaning, no fee shall be collected), no conflict of interest is present, and hence in order Smile
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Re: Legal officer as secretariat?

Post by jcolas on Thu Nov 17, 2011 7:21 pm

"engrjhez wrote"
I am into opinion that if the Legal Officer signs the jurat of OSS or the acknowledgement of contract in the performance of his/her official function (meaning, no fee shall be collected), no conflict of interest is present, and hence in order

May you please explain further engrjhez, your statement that the Legal Officer can still sign the jurat of the OSS "in the performance of his/her official function". What official function sir, As the Legal Officer or as the BAC SEcretariat?
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Re: Legal officer as secretariat?

Post by engrjhez® on Thu Nov 17, 2011 7:36 pm

jcolas wrote:"engrjhez wrote"
I am into opinion that if the Legal Officer signs the jurat of OSS or the acknowledgement of contract in the performance of his/her official function (meaning, no fee shall be collected), no conflict of interest is present, and hence in order

May you please explain further engrjhez, your statement that the Legal Officer can still sign the jurat of the OSS "in the performance of his/her official function". What official function sir, As the Legal Officer or as the BAC SEcretariat?

If the Legal Officer is tasked, as part of his/her official function, to notarize documents of the agency and where the agency pays for the "fee" posted by lawyers to be able to practice notarization, then such may be considered official function and no fee shall be collected in the performance of such. If that is the case, no conflict of interest (in my opinion) is present Smile
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Re: Legal officer as secretariat?

Post by jcolas on Fri Nov 18, 2011 7:55 am

"engrjhez wrote"
If the Legal Officer is tasked, as part of his/her official function, to notarize documents of the agency and where the agency pays for the "fee" posted by lawyers to be able to practice notarization, then such may be considered official function and no fee shall be collected in the performance of such. If that is the case, no conflict of interest (in my opinion) is present
I am confused Sir Engrjhez, What will the Legal Officer of the Procuring entity sign in the Omnibus Sworn Statement of the bidder?

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Re: Legal officer as secretariat?

Post by engrjhez® on Fri Nov 18, 2011 9:29 am

jcolas wrote:"engrjhez wrote"
If the Legal Officer is tasked, as part of his/her official function, to notarize documents of the agency and where the agency pays for the "fee" posted by lawyers to be able to practice notarization, then such may be considered official function and no fee shall be collected in the performance of such. If that is the case, no conflict of interest (in my opinion) is present
I am confused Sir Engrjhez, What will the Legal Officer of the Procuring entity sign in the Omnibus Sworn Statement of the bidder?


Sorry for the confusion. Of course since the OSS is a private (bidder's) undertaking, it shall not be covered by any public official function. But in case of contracts and other documents by the government that needs to be notarized, it may be performed as a part a Legal Officer's official function. Same as Engineers who sign government prepared plans and programs, Medical Doctors who sign prescription in rural health units, and others.

I hope I have clarified my point.
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