Latest topics
» No Objection Letter
Sat Dec 16, 2017 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


Splitting Concerns or Not?

View previous topic View next topic Go down

Splitting Concerns or Not?

Post by striker on Fri Jan 13, 2012 11:10 pm

Hi Everyone:

Our Procurement Unit received the following Purchase Requests (PRs) and there are various comments like this could be splitting or it can be consolidated as only one PR. The said PRs are as follows:

1. Supply of Labor and Materials for the Repair and Repainting of Walls and Ceiling in Fruit Processing Area, Packing Area and Hallway Area in the Fruit Building (ABC Php 1,000,000.00)

2. Supply of Labor and Materials for the Rehabilitation of Air Shower Cabinet (ABC Php 100,000.00)

3. Supply of Labor and Materials for the Insulation and Cladding of Refrigeration Pipes in Cold Storage Nos. 1, 2 and 3 in the Fruit Building (ABC Php 450,000.00)

4. Supply of Labor and Materials for the Repair of Ceiling in Cold Storage 3 in the Fruit Building (ABC Php 450,000.00)

5. Supply of Labor and Materials for the Repair and Repainting of Laboratory Room (ABC Php 450,000.00)

6. Supply of Labor and Materials for the Repair of Cold Storage Doors nos. 1, 2 and 3 (ABC Php 300,000.00)

The said works will be done in one and the same building only, requested by one and the same person, one and the same Department Head will recommend for this PR and one the same Finance Head will facilitate its payment.

Our experience and mastery in RA 9184 is not that sufficient and we may violate its guidelines should we decide on a certain mode of procurement. More so, since the building is engaged in food processing activities, they (requesting parties) are continuously pressing that time is of the essence and they need the above said repairs in the soonest time possible.

Can you share to us your opinions thru your experiences and its legal basis po.

Thank you very much.

avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 4:27 pm

How did you prepare your budget for this projects LUMP SUM or by specific scope of Work?
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 6:59 pm

as per the requesting party, per specific scope po.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 7:11 pm

There might be a possibility of splitting in the determining the ABC to avoid Public Bidding, but if you procure all those things through Public Bidding the violation of splitting is no more applicable.
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 7:22 pm

actually that is our fear also sir. some are saying that its not splitting because they carry different scope of works (specific approach) then the other group is commenting that it is splitting since the works to be done will be carried out in 1 structure only and so with the papers.

this is the reason why we are having troubled minds and decide which is which po.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 8:00 pm

I think if you cannot agree to consolidate all the scopes into one procurement, it is safe on your part to procure all in Public Bidding, because splitting violation is only applicable to Alternative Modes of Procurement.
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 8:05 pm

The initial plan before is to identify those PRs for small value procurement after a second thought, the concern of splitting came out wherein which there are comments.

when the consolidation suggestion came out, the enduser is now informing us about "time is of the essence" since it is a food processing complex.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 8:13 pm

I think there is splitting if you continue on Small Value Procurement.
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 8:28 pm

copy sir jovinal. i'll keep this in mind. by the way, do we have any legal basis or article in 9184 about this. can't find one po kasi.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 8:45 pm

IRR R.A. No. 9184

Section 54. Terms and Conditions for the use of Alternative Methods

54.1. Splitting of Government Contracts is not allowed. Splitting of Government Contracts
means the division or breaking up of GOP contracts into smaller quantities and
amounts, or dividing contract implementation into artificial phases or sub-contracts
for the purpose of evading or circumventing the requirements of law and this IRR,
especially the necessity of public bidding and the requirements for the alternative
methods of procurement."
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 9:35 pm

copy sir. figuring out how to use Section 54 in the said scope of works.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 9:41 pm

OK.
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 9:51 pm

by the way sir, putting yourself in my shoe, what will be your decision po? have you come across this situation before? many thanks po.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 10:00 pm

I will suggest that all PRs will be procured through Public Bidding to be safe on your part, anyway that is there faults why the pre procurement was too late, then nagmadali sila. and the Supply of Labor and Materials for the Repair and Repainting of Walls and Ceiling in Fruit Processing Area, Packing Area and Hallway Area in the Fruit Building (ABC Php 1,000,000.00) cannot be procured through Alternative Mde.
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Sun Jan 15, 2012 10:13 pm

copy sir, maraming salamat po. this was my opinion too.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by Jovinal on Sun Jan 15, 2012 10:26 pm

Ok
avatar
Jovinal
Board Veteran
Board Veteran

Male Number of posts : 438
Company/Agency : LGU- Danao City
Occupation/Designation : City Accountant
Registration date : 2011-11-27

Back to top Go down

Re: Splitting Concerns or Not?

Post by jcolas on Mon Jan 16, 2012 3:11 pm

"striker wrote:

Hi Everyone:

Our Procurement Unit received the following Purchase Requests (PRs) and there are various comments like this could be splitting or it can be consolidated as only one PR. The said PRs are as follows:

1. Supply of Labor and Materials for the Repair and Repainting of Walls and Ceiling in Fruit Processing Area, Packing Area and Hallway Area in the Fruit Building (ABC Php 1,000,000.00)

2. Supply of Labor and Materials for the Rehabilitation of Air Shower Cabinet (ABC Php 100,000.00)

3. Supply of Labor and Materials for the Insulation and Cladding of Refrigeration Pipes in Cold Storage Nos. 1, 2 and 3 in the Fruit Building (ABC Php 450,000.00)

4. Supply of Labor and Materials for the Repair of Ceiling in Cold Storage 3 in the Fruit Building (ABC Php 450,000.00)

5. Supply of Labor and Materials for the Repair and Repainting of Laboratory Room (ABC Php 450,000.00)

6. Supply of Labor and Materials for the Repair of Cold Storage Doors nos. 1, 2 and 3 (ABC Php 300,000.00)

The said works will be done in one and the same building only, requested by one and the same person, one and the same Department Head will recommend for this PR and one the same Finance Head will facilitate its payment.

Our experience and mastery in RA 9184 is not that sufficient and we may violate its guidelines should we decide on a certain mode of procurement. More so, since the building is engaged in food processing activities, they (requesting parties) are continuously pressing that time is of the essence and they need the above said repairs in the soonest time possible.

Can you share to us your opinions thru your experiences and its legal basis po.

Thank you very much


Please read COA Circular No. 76-41, dated July 30, 1976. It defines what is splitting of requisition, splitting of Purchase Order and splitting of payments...
avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Tue Jan 17, 2012 11:23 am

many thanks po sir jcolas, downloading and will refer to it po.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by jcolas on Wed Jan 18, 2012 7:54 pm

"striker wrote"

many thanks po sir jcolas, downloading and will refer to it po.
When in doubt about splitting, I urge you to refer to your Resident Auditor. He/she is in the best position to give you the right advice, although you can get bits of valuable information when you tune in to the "Forum"
avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Wed Jan 18, 2012 8:43 pm

hi sir, yes we will heed your advise po. many thanks sir.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

Post by alpha1 on Thu Jan 19, 2012 10:05 am

striker wrote:Hi Everyone:

Our Procurement Unit received the following Purchase Requests (PRs) and there are various comments like this could be splitting or it can be consolidated as only one PR. The said PRs are as follows:

1. Supply of Labor and Materials for the Repair and Repainting of Walls and Ceiling in Fruit Processing Area, Packing Area and Hallway Area in the Fruit Building (ABC Php 1,000,000.00)

2. Supply of Labor and Materials for the Rehabilitation of Air Shower Cabinet (ABC Php 100,000.00)

3. Supply of Labor and Materials for the Insulation and Cladding of Refrigeration Pipes in Cold Storage Nos. 1, 2 and 3 in the Fruit Building (ABC Php 450,000.00)

4. Supply of Labor and Materials for the Repair of Ceiling in Cold Storage 3 in the Fruit Building (ABC Php 450,000.00)

5. Supply of Labor and Materials for the Repair and Repainting of Laboratory Room (ABC Php 450,000.00)

6. Supply of Labor and Materials for the Repair of Cold Storage Doors nos. 1, 2 and 3 (ABC Php 300,000.00)

The said works will be done in one and the same building only, requested by one and the same person, one and the same Department Head will recommend for this PR and one the same Finance Head will facilitate its payment.

Our experience and mastery in RA 9184 is not that sufficient and we may violate its guidelines should we decide on a certain mode of procurement. More so, since the building is engaged in food processing activities, they (requesting parties) are continuously pressing that time is of the essence and they need the above said repairs in the soonest time possible.

Can you share to us your opinions thru your experiences and its legal basis po.

Thank you very much.

Good day!
The way I look at it, there was an intent not to procure those that you've mentioned through public bidding. For my own view, the more appropriate way is to put it in a single title say "Repair/Rehabilitation of Fruit Building' with an ABC of Php 2.75M and then divide it into 6 lots so that all of those lots will be procure though public bidding and you only have to prepare 1 PR.
avatar
alpha1
Active Poster
Active Poster

Male Number of posts : 145
Age : 54
Company/Agency : LGU
Occupation/Designation : Department Head
Registration date : 2010-03-12

Back to top Go down

Re: Splitting Concerns or Not?

Post by striker on Thu Jan 19, 2012 8:18 pm

copy sir. that's our perception also.
avatar
striker
New Member
New Member

Male Number of posts : 23
Company/Agency : nbc
Occupation/Designation : admin
Registration date : 2011-11-17

Back to top Go down

Re: Splitting Concerns or Not?

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