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demolition

Post by isafe on Tue Nov 29, 2011 8:49 am

hello,

my concern is about the demolition of our old city hall which we intend to demolish by labor pacquiao contract without cost to the government cause what ever he can salvage/retrieved from the site will be for the labor pacquiao contractor. what is the method we are going to use? considering that all permits and clearances were already issued i.e COA and SP. do we have to advertise in the philGeps?
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Re: demolition

Post by engrjhez® on Tue Nov 29, 2011 9:10 am

isafe wrote:hello,

my concern is about the demolition of our old city hall which we intend to demolish by labor pacquiao contract without cost to the government cause what ever he can salvage/retrieved from the site will be for the labor pacquiao contractor. what is the method we are going to use? considering that all permits and clearances were already issued i.e COA and SP. do we have to advertise in the philGeps?

That case fall under disposal of property which is not covered by RA 9184, hence posting in the PhilGEPS is not applicable. Smile
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Re: demolition

Post by jcolas on Tue Nov 29, 2011 2:45 pm

"isafe wrote"

my concern is about the demolition of our old city hall which we intend to demolish by labor pacquiao contract without cost to the government cause what ever he can salvage/retrieved from the site will be for the labor pacquiao contractor. what is the method we are going to use? considering that all permits and clearances were already issued i.e COA and SP. do we have to advertise in the philGeps?


Pursuant to EO No. 888 Sec 1 and COA Circular No. 89-296, the full and sole authority for the divestment or disposal of properties shall be lodged in the HOPE.
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Re: demolition

Post by Jovinal on Tue Nov 29, 2011 3:19 pm

Labor Pakyaw contracting system is covered by RA 9184 under resolution no. 018-2006. wherein 3 pakyaw groups are organized for competitive selection. I suggest to hire them through job order contract is simpler.
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Re: demolition

Post by jcolas on Tue Nov 29, 2011 6:55 pm

"isafe wrote"
my concern is about the demolition of our old city hall which we intend to demolish by labor pacquiao contract without cost to the government cause what ever he can salvage/retrieved from the site will be for the labor pacquiao contractor. what is the method we are going to use? considering that all permits and clearances were already issued i.e COA and SP. do we have to advertise in the philGeps?

For me personnaly, I will opt to have the demolition be posted in the philGEPS so that the Disposal Committee can select from offers which is the most advantageous to the government. By doing that, you will save your self from questions and AOM from the COA on how you selected the pacquiao contractor... Forwarned is foramed di ba?
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Re: demolition

Post by Jovinal on Tue Nov 29, 2011 11:10 pm

I think in budgeting , the proceeds from sale of recovered materials is subject to budgeting through appropriation ordinance before so you can use it as ABC in Procuring Labor Pakyaw. that is another problem.
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Re: demolition

Post by jcolas on Wed Nov 30, 2011 7:24 am

"Jovinal wrote"

I think in budgeting , the proceeds from sale of recovered materials is subject to budgeting through appropriation ordinance before so you can use it as ABC in Procuring Labor Pakyaw. that is another problem. .

I am sure that the labor pacquiao can be charged against your funds, but the proceeds from the sale of the used construction materials out of the demolition should be remitted to the National Treasury.Another question that will arise is how will you sell the contruction materials from the demolition? Again for me, I would opt to have that be sold through public auction as mandated by Section 79 of PD 1445.
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Re: demolition

Post by Jovinal on Wed Nov 30, 2011 10:56 am

There are two cases for the treatment on the proceeds from sale of recovered construction materials:
1) If the source of fund in constructing the Old City Hall Building was from the City Government, then it is treated as income of your LGU.
2) If the source of fund was from National Government, then to National Treasury.
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Re: demolition

Post by engrjhez® on Wed Nov 30, 2011 12:02 pm

Jovinal wrote:There are two cases for the treatment on the proceeds from sale of recovered construction materials:
1) If the source of fund in constructing the Old City Hall Building was from the City Government, then it is treated as income of your LGU.
2) If the source of fund was from National Government, then to National Treasury.

DBM Budget Circular 2004-5a is very clear on this:

x x x
6.0 Funding Source

6.1 The amount necessary for the payment of the honoraria and overtime pay authorized herein shall be sourced only from the following:
• Proceeds from sale of bid documents;
• Fees from contractor/supplier registry;
• Fees charged for copies of minutes of bid openings, BAC resolutions and other BAC documents;
• Protest fees;
• Liquidated damages; and
• Proceeds from bid/performance security forfeiture.

6.2 Pursuant to the DOF-DBM-COA Permanent Committee Resolution No. 2005-2 dated June 2005, all agencies are authorized to treat the collections from the sources identified in item 6.1 hereof as trust receipts to be used as exclusively for the payment of honoraria and overtime pay herein authorized. Agencies may utilize up to one hundred percent (100%) of the said collections for the payment of honoraria and overtime pay subject to the guidelines in item 5.0 of this Circular. Any excess in the amount collected shall be remitted by NGAs to the Bureau of the Treasury. In the case of GOCCs and LGUs, the same shall form part of their corporate or local government funds, respectively.

6.3 The total amount of honoraria and overtime pay to be paid for procurement-related activities shall not exceed the said collections.

6.4 In cases of deficiency in collections from the sources identified in item 6.1 above, the amount of honoraria and overtime pay shall be adjusted proportionately for all those entitled thereto.
x x x

Smile
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Re: demolition

Post by Jovinal on Wed Nov 30, 2011 12:22 pm

Proceeds from the sale of recovered construction materials from demolished old city hall building was not among enumerated under 6.1 of DBM Budget Circular 2004-5a therefore it can be used as sources of honoraria for BAC Members but rather it will accrued to general fund as income of the lgu and subject to budgeting and appropriation.
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Re: demolition

Post by engrjhez® on Wed Nov 30, 2011 12:27 pm

Jovinal wrote:Proceeds from the sale of recovered construction materials from demolished old city hall building was not among enumerated under 6.1 of DBM Budget Circular 2004-5a therefore it can be used as sources of honoraria for BAC Members but rather it will accrued to general fund as income of the lgu and subject to budgeting and appropriation.
If you are pertaining to amount collected from public auctions, refer to the rules on Property Management and Disposal and as to the cited Provisions of PD 1445 by jcolas. Smile
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Re: demolition

Post by Jovinal on Wed Nov 30, 2011 12:30 pm

Proceeds from the sale of recovered construction materials from demolished old city hall building was not among enumerated under 6.1 of DBM Budget Circular 2004-5a therefore it cannot be used as sources of honoraria for BAC Members but rather it will accrued to general fund as income of the lgu and subject to budgeting and appropriation.


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Re: demolition

Post by Jovinal on Wed Nov 30, 2011 12:44 pm

Section 79 of PD 1445 does not mentioned the treatment on the proceeds from the sale of recovered construction materials but rather the procedures on how to conduct public auction.
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