contract form or purchase order

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Re: contract form or purchase order

Post by fe a. araya on Mon Oct 11, 2010 2:23 pm

Thanks, Mikel for that information. Actually, I was hesitant at first to quote that COA Cir considering the date it was issued (1979 pa) and sabi ko nga baka may amendment na and am sure, somebody from the COA will update. Thanks again to you. Anyway, thanks for the clarification, now I can cite that SC decision you mentioned in case we will encounter same situation
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Re: contract form or purchase order

Post by charlie brown on Tue Oct 12, 2010 11:37 am

Mikel wrote: @ Ma’am Fe: COA Circular No. 79-122 was issued to disseminate LOI 968 dated 12/17/79 (applicable to NGAs, SUCs only) which required the accountant to act (sign) as a witness to government contracts, whose signature therein shall be deemed a certification of availability of funds for the contract. However in Melchor v. COA GR No. 95398 8/16/91, the SC held that where the chief accountant has issued a certificate of availability funds but failed to sign the contract as a witness, the contract is nevertheless enforceable.

Anyway, PO or formal contract (for want of a better term), as long as the requirements of the law are stipulated therein, the same will do. (if your auditors insist, then, either you reply to their NS or AOM [which is your right] or submit both PO and the contract. However, I suggest that if you think the contract already contains all the terms and conditions (including the technical specs, etc.), you should file a reply rather than submitting redundant documents.

thanks for the info mikel. I find it very useful. One more thing, in another post i vainly tried to download a copy of the GAAM volume II as i was informed that it contains specific instructions in regard to inspection and testing. I would appreciate it if you could also shed some light on this topic as i consider the inspection and test (or the lack of it) in the bidding documents as very important to insure that end users get the correct specs required. thank you in advance
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Re: contract form or purchase order

Post by Mikel on Tue Oct 12, 2010 2:19 pm

@Sir CB: Vol. II of GAAM has been expressly replaced (repealed) by COA Circular No. 2002-002 dated June 18, 2010 (prescribing the NGAS for National Government Agencies), may be that is why no e-copy was made for this document (it is actually a book containing 400+ pages). Even vols. I & III has no e-copies in the COA website. BTW, Vol. II contains the accounting procedures for government agencies (chart of accounts, functional classification of expenditures, forms and reports, etc.), thus, I think, they must be referring to Vol. I (Government Auditing Rules & Regulations) or Vol. III (Government Auditing Standards and Procedures and Internal Control System).

Anyway, I will try to research on the subject (inspection and testing). Thanks.

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Re: contract form or purchase order

Post by sunriser431 on Tue Oct 12, 2010 4:17 pm

For information purpose only
Excerpt from the NGAS manual
Sec. 1. Procedures in the Receipt, Inspection, Acceptance and Recording Deliveries of Inventory Items and Equipment

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Re: contract form or purchase order

Post by charlie brown on Tue Oct 12, 2010 6:09 pm

sunriser431 wrote:For information purpose only
Excerpt from the NGAS manual
Sec. 1. Procedures in the Receipt, Inspection, Acceptance and Recording Deliveries of Inventory Items and Equipment


Thanks for providing the excerpt sunriser. I noted that the topic contained the general procedures for conducting the inspection and tests but not the project specific tests that needs to be done for specific procurement. If i could use an analogy, what was given was the ITB and GCC but i was referring to the BDS and the GCC. anyway will also await input from mikel
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Re: contract form or purchase order

Post by sunriser431 on Wed Oct 13, 2010 11:29 pm

charlie brown wrote: Thanks for providing the excerpt sunriser. I noted that the topic contained the general procedures for conducting the inspection and tests but not the project specific tests that needs to be done for specific procurement. If i could use an analogy, what was given was the ITB and GCC but i was referring to the BDS and the GCC. anyway will also await input from mikel
As always you are welcome "Charlie Brown". (Sharing our guide on "Inspections") The procedure given in the NGAS manual can be modified accordingly to suit a particular needs or situation. For example in the NGAS manual, the area of responsibility be done by a specific person (which is the " Property Inspector"). For us GOCCs we made certain modification in the NGAS procedure, intead by one person doing the task, our HOPE decided that it is compose by a committee ( or "Inspection Committee" ) ideally at least of three personnel or more depending on the situation, and to be headed by a chairman and two or more members. bounce
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Re: contract form or purchase order

Post by BORDS on Wed Oct 26, 2011 4:28 pm

Purchase Order was signed by the HOPE on the date he was on leave, is it valid...please do help w an answer

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Re: contract form or purchase order

Post by engrjhez® on Sat Mar 31, 2012 10:56 am

BORDS wrote:Purchase Order was signed by the HOPE on the date he was on leave, is it valid...please do help w an answer

If the signature has a date beside or beneath it stating the date when he/she signed the contract/PO, that would be anomalous. If there is none, it would only be disputable but nonetheless enforceable depending the procedure being used by the PE to process contract/PO. Smile
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