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Re: Opening of Bid Documents

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Re: Opening of Bid Documents

Post by sunriser431 on Mon Jun 08, 2009 9:07 pm

The Bids and award Committee issued a Resolution/Memo to the BAC Secreatariat authorizing them to open the Bid documents (Check the Eligibility,Technical and Financial Proposal) of the prospective bidder using the same procedure Pass/fail criteria. My question can this be delegated to the BAC Secretariat by virtue of a Resolution/Memo? Any violent reaction are welcome. Mad
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Re: Re: Opening of Bid Documents

Post by riddler on Mon Jun 08, 2009 10:21 pm

I have a violent reaction on that sunriser... RA 9184 specifically cited that the BAC is only the authorize entity to open such document.. In the cASE you mentioned, the BAC cannot escape culpability if the BAC Secretariat made mistake in the process, because after all BAC members shall sign the Abstract of Bids and other Documents as prepared by the SEcretariat as if the BAC has opened the documents themselves.
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Re: Re: Opening of Bid Documents

Post by engrjhez® on Tue Jun 09, 2009 12:22 am

Engr. Ruel had marked the spot. It also follows that when BAC delegates their authority to open the bid (and evaluate) to a janitorial team, they may do so - but no less liability and accountability.

There is no escaping the responsibility. So why leave them to someone else's hand? Very Happy
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Re: Re: Opening of Bid Documents

Post by sunriser431 on Tue Jun 09, 2009 11:02 am

engrjhez wrote:
Engr. Ruel had marked the spot. It also follows that when BAC delegates their authority to open the bid (and evaluate) to a janitorial team, they may do so - but no less liability and accountability.

There is no escaping the responsibility. So why leave them to someone else's hand? Very Happy

Well the answer is simple, the BAC Secretariat eats, drink and sleep with the GPRA Smile If problem arises who you gonna call the Janitorial Team Cool ex. seek advice matters relating to GPRA, COA, BIR, DBM. etc.
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Re: Re: Opening of Bid Documents

Post by misty on Tue Jun 09, 2009 12:03 pm

please correct me if i am wrong: during the bidding process, it is the bac secretariat members who actually open the envelopes. the head of the bac sec initials on every page of the documents, after which, all the bac members affix their initials to each and every page of the same docs.

can the bac members delegate the "affixing of initials" ?

or is it really necessary for all the bac members to affix their initials? isn't this practice taking so much time of the bidding process? what if there are ten or more bidders?

isn't the initial of the head of the bac sec enough?
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Re: Re: Opening of Bid Documents

Post by engrjhez® on Tue Jun 09, 2009 1:06 pm

misty wrote:please correct me if i am wrong: during the bidding process, it is the bac secretariat members who actually open the envelopes. the head of the bac sec initials on every page of the documents, after which, all the bac members affix their initials to each and every page of the same docs.

can the bac members delegate the "affixing of initials" ?

or is it really necessary for all the bac members to affix their initials? isn't this practice taking so much time of the bidding process? what if there are ten or more bidders?

isn't the initial of the head of the bac sec enough?
Please be reminded that the BAC and BAC Secretariat were distinguished by RA.9184 as different entities. It is the BAC who must sign (and initial). No more, no less. The Secretariat simply records the minutes of the proceedings and in charge of the paper/document custody until the award and its release.

You may also want to peek on this similar topic. Very Happy
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Re: Re: Opening of Bid Documents

Post by engrjhez® on Tue Jun 09, 2009 1:31 pm

misty wrote:x x x
can the bac members delegate the "affixing of initials" ?
x x x
Quoting Section 12.4 of the IRR:
  • Section 12.4. Meetings
    The Chairman or, in his absence, the Vice-Chairman, shall preside at all meetings of the BAC. The decision of at least a majority of those present at a meeting at which there is quorum shall be valid and binding as an act of the BAC: Provided, however, That the Chairman or, in his absence, the Vice- Chairman, shall vote only in case of a tie. Observers and representatives of BAC members shall have no right to vote during BAC meetings, nor shall the representatives of BAC members be authorized to sign in behalf of the members represented.

You may want to see that topic here. Very Happy
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Re: Re: Opening of Bid Documents

Post by engrjhez® on Tue Jun 09, 2009 1:44 pm

sunriser431 wrote:
Well the answer is simple, the BAC Secretariat eats, drink and sleep with the GPRA Smile If problem arises who you gonna call the Janitorial Team Cool ex. seek advice matters relating to GPRA, COA, BIR, DBM. etc.
If I am one of the Secretariat that the BAC delegated to act in their behalf, I may be flattered to be entrusted with their fate. But I'll make sure they know the consequences, and that the liability cannot be "delegated" to those who act for them.

If still not afraid of Club 6115 membership, fine. Wag lang abuso. They can always Sleep until they wake up one day with a affraid .

bom
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Re: Re: Opening of Bid Documents

Post by sunriser431 on Wed Jun 17, 2009 10:39 am

engrjhez wrote:
sunriser431 wrote:
Well the answer is simple, the BAC Secretariat eats, drink and sleep with the GPRA Smile If problem arises who you gonna call the Janitorial Team Cool ex. seek advice matters relating to GPRA, COA, BIR, DBM. etc.
If I am one of the Secretariat that the BAC delegated to act in their behalf, I may be flattered to be entrusted with their fate. But I'll make sure they know the consequences, and that the liability cannot be "delegated" to those who act for them.

If still not afraid of Club 6115 membership, fine. Wag lang abuso. They can always Sleep until they wake up one day with a affraid .

bom

GAAM Volume 1 Sec 171 LIABILITY FOR ACTS DONE UPON DIRECTION OF SUPERIOR OFFICER
No accountable officer shall relieved from liability by reason of having acted under the direction of a superior officer in paying out, applying, or disposing of the funds or property with which he is chargeable, unless prior to that act, he notified the superior officer in writing of the illegality of the payment, application or disposition. The officer directing any illegal payment or disposition of the funds or property shall be primarily liable for the loss, while the accountable oficer who fails to serve the required notice shall be secondarilty liable (sec 106 PD 1445)

In local governemt units, unless he registers his objection in writing, the local treasurer, accountant, budget officer, or other accountable officer shall not be relieved of liability for illegal or improper use or application or deposit of government funds or property by reason of his having acted upon the direction of a superior officer, elective or appointive, or upon participation of other department heads or officer of equivalent rank. The superior officer directing, or the Department head participating, in such illegal or improper use or application or deposit of government funds ot property, shall be jointly and severally liable with the local treasurer, accountant, budget officer, or other accountable officer for the sum or property so illegally or improperly used, applied or deposited (sec 342 RA 7160)

Maybe we can use the wisdom of this section 171 , although not directly applied to procurement, but the intention is clear, we have to communicate them (BAC) in writing, stating the responsibilities of the BAC Secretariat in accordance to Sec. 14.1 of the GPRA. Cool and who wanted to be member of Club 6115 anyway affraid
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Re: Re: Opening of Bid Documents

Post by sunriser431 on Wed Jun 24, 2009 9:03 pm

To: All those who responded to my Post/Query thank you guys Very Happy
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