A question of HOPE Authority.

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A question of HOPE Authority.

Post by Starsgazer on Thu Feb 23, 2012 1:07 pm

Hi All! i'm a newbie here and want to solicit your opinion on the subject. Does the HOPE have the power to transfer a procuring function of a Supply Officer in active duty, to a teacher designated as Physical Facilities Coordinator to handle procurement of materials and dispose the same without passing it thru the procuring unit? We belong to a OU of DepED. Let me hear your expert advice and please site provisions of law that are violated. Thanks in advance Very Happy

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Re: A question of HOPE Authority.

Post by Recks1925 on Thu Feb 23, 2012 1:59 pm

Starsgazer wrote:Does the HOPE have the power to transfer a procuring function of a Supply Officer in active duty, to a teacher designated as Physical Facilities Coordinator to handle procurement of materials and dispose the same without passing it thru the procuring unit?

Hello and welcome.

As Head of Agency, i think He/She has the power to to assign an alternative personnel to handle a specific function such as procurement to whatever valid reason it may be. That power of the Head of Agency is governed by your internal policy.

The HOPE, also, as a matter of fact is the one who appoints BAC members. That is in RA9184.

But of course, the provisions of RA9184 should be followed by the designated personnel. Such as:
1. The procurement mode (presumed to be an alternative) should be duly recommended by the bAC and duly approved by the HOPE.
2. The requirement is included in the APP.
3. Process of alternative mode of procurement as per RA9184 is strictly observed.

Disposal, is of different topic, since it is not included in the provisions of RA9184. But, as mentioned above, I believe the Head of Agency has the power to assign personnel to a specific function. Smile
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Re: A question of HOPE Authority.

Post by Starsgazer on Thu Feb 23, 2012 6:11 pm

Thanks Recks1925, I appreciate your helpful reply Wink. May I ask, is there no violative aspect of such action on the sound internal control system advocated by COA especially when goods are procured and disposed by the said Alternate to end-users without using the RIS and its effect of inventory built-up in the Books of the agency?

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Re: A question of HOPE Authority.

Post by Recks1925 on Fri Feb 24, 2012 5:05 pm

Starsgazer wrote:Thanks Recks1925, I appreciate your helpful reply Wink. May I ask, is there no violative aspect of such action on the sound internal control system advocated by COA especially when goods are procured and disposed by the said Alternate to end-users without using the RIS and its effect of inventory built-up in the Books of the agency?
No idea po about that mam..., my apologies. I think you should directly seek COA's opinion on the matter. Smile
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Re: A question of HOPE Authority.

Post by RDV @ GP3i on Fri Feb 24, 2012 6:48 pm

Starsgazer wrote:Hi All! i'm a newbie here and want to solicit your opinion on the subject. Does the HOPE have the power to transfer a procuring function of a Supply Officer in active duty, to a teacher designated as Physical Facilities Coordinator to handle procurement of materials and dispose the same without passing it thru the procuring unit? We belong to a OU of DepED. Let me hear your expert advice and please site provisions of law that are violated. Thanks in advance Very Happy

As I understand it, DepEd has a GPPB-approved customized procurement manual. That manual would include not only the procurement process customized for DepEd (in accordance still with RA 9184 and its IRR) both for public bidding and alternative methods; who would compose the different BACs down to operating units; and who would be the procuring units.

So, to your question on whether a HOPE in an operating unit has the power to transfer a procurement function of a supply officer to a teacher designated as Physical Facilities Coordinator, bypassing also the procuring unit, would depend if it is allowed or not in your manual.

Generally, my answer would be NO, particularly since the designated procuring unit was bypassed.

In this situation, may I ask, why you did not mention anything about the BAC? If the procurement being done is just Shopping or Small Value Procurement, did the BAC delegated the responsibility of conducting the Shopping or SVP to the Physical Facilities Coordinator?
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Re: A question of HOPE Authority.

Post by sunriser431 on Sat Feb 25, 2012 11:46 pm

Starsgazer wrote:Hi All! i'm a newbie here and want to solicit your opinion on the subject. Does the HOPE have the power to transfer a procuring function of a Supply Officer in active duty, to a teacher designated as Physical Facilities Coordinator to handle procurement of materials and dispose the same without passing it thru the procuring unit? We belong to a OU of DepED. Let me hear your expert advice and please site provisions of law that are violated. Thanks in advance Very Happy
I believe, DBM had issued guidelines on the subject (Procurement function), follow the LINK good luck bounce
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Re: A question of HOPE Authority.

Post by Starsgazer on Mon Feb 27, 2012 11:26 am

Recks1925: No idea po about that mam..., my apologies. I think you should directly seek COA's opinion on the matter.
Hi Recks, I will do as advice, big thanks Smile

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Re: A question of HOPE Authority.

Post by sunriser431 on Mon Feb 27, 2012 11:34 am

Starsgazer wrote:Hi All! i'm a newbie here and want to solicit your opinion on the subject. Does the HOPE have the power to transfer a procuring function of a Supply Officer in active duty, to a teacher designated as Physical Facilities Coordinator to handle procurement of materials and dispose the same without passing it thru the procuring unit? We belong to a OU of DepED. Let me hear your expert advice and please site provisions of law that are violated. Thanks in advance Very Happy
For diposal of government assets, follow the LINK . Good luck. bounce
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Re: A question of HOPE Authority.

Post by Starsgazer on Mon Feb 27, 2012 11:55 am

RDV @ GP3i:As I understand it, DepEd has a GPPB-approved customized procurement manual. That manual would include not only the procurement process customized for DepEd (in accordance still with RA 9184 and its IRR) both for public bidding and alternative methods; who would compose the different BACs down to operating units; and who would be the procuring units.

Hi RDV! My gratitude to you for bringing this into my attention. As I mention earlier, i'm new in this job and still grappling for info on how to do things rightly Very Happy

In this situation, may I ask, why you did not mention anything about the BAC? If the procurement being done is just Shopping or Small Value Procurement, did the BAC delegated the responsibility of conducting the Shopping or SVP to the Physical Facilities Coordinator?

Unfortunately, there is no existing BAC in this school. I procure our office supplies in the dbm depot and sometimes engage in SMP locally. The materials are handled by the teacher-designate. Perhaps, no BAC was setup due to our measly funds Very Happy. Can u please comment on this set-up?

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Re: A question of HOPE Authority.

Post by Starsgazer on Mon Feb 27, 2012 12:06 pm

sunriser431:I believe, DBM had issued guidelines on the subject (Procurement function), follow the LINK good luck

Hello Sunriser431, thanks for the link Smile I check it out and found it applicable to CO's and RO's. I appreciate it nontheless, will need it someday when i'll be promoted Cool

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Re: A question of HOPE Authority.

Post by sunriser431 on Mon Feb 27, 2012 12:14 pm

Starsgazer wrote:
sunriser431:I believe, DBM had issued guidelines on the subject (Procurement function), follow the LINK good luck

Hello Sunriser431, thanks for the link Smile I check it out and found it applicable to CO's and RO's. I appreciate it nontheless, will need it someday when i'll be promoted Cool
as always you are welcome. cheers
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Re: A question of HOPE Authority.

Post by RDV @ GP3i on Mon Feb 27, 2012 1:08 pm

Starsgazer wrote:
RDV @ GP3i:As I understand it, DepEd has a GPPB-approved customized procurement manual. That manual would include not only the procurement process customized for DepEd (in accordance still with RA 9184 and its IRR) both for public bidding and alternative methods; who would compose the different BACs down to operating units; and who would be the procuring units.

Hi RDV! My gratitude to you for bringing this into my attention. As I mention earlier, i'm new in this job and still grappling for info on how to do things rightly Very Happy
You are most welcome, Starsgazer!

Starsgazer wrote:
In this situation, may I ask, why you did not mention anything about the BAC? If the procurement being done is just Shopping or Small Value Procurement, did the BAC delegated the responsibility of conducting the Shopping or SVP to the Physical Facilities Coordinator?

Unfortunately, there is no existing BAC in this school. I procure our office supplies in the dbm depot and sometimes engage in SMP locally. The materials are handled by the teacher-designate. Perhaps, no BAC was setup due to our measly funds Very Happy. Can u please comment on this set-up?
If the school has no BAC, you will have to utilize the Division Office BAC, if not the Regional Office BAC in all your procurement. The procurement using SVP or Shopping may be done by school but you need to be authorized by the Division or Regional Office BAC in accordance with the guidelines on Shopping and SVP per GPPB Resolution 09-2009.
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Re: A question of HOPE Authority.

Post by sunriser431 on Mon Feb 27, 2012 2:30 pm

Starsgazer wrote: unfortunately, there is no existing BAC in this school. I procure our office supplies in the dbm depot and sometimes engage in SMP locally. The materials are handled by the teacher-designate. Perhaps, no BAC was setup due to our measly funds Very Happy. Can u please comment on this set-up?
May I ask, are you from DepEd region 2 ? bounce
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Re: A question of HOPE Authority.

Post by Starsgazer on Tue Feb 28, 2012 10:07 am

sunriser431
May I ask, are you from DepEd region 2?
Affirmative, seems like we crossed path recently sunriser431 Very Happy


Last edited by Starsgazer on Tue Feb 28, 2012 12:36 pm; edited 1 time in total

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Re: A question of HOPE Authority.

Post by sunriser431 on Tue Feb 28, 2012 11:57 am

Starsgazer wrote: unfortunately, there is no existing BAC in this school. I procure our office supplies in the dbm depot and sometimes engage in SMP locally. The materials are handled by the teacher-designate. Perhaps, no BAC was setup due to our measly funds Very Happy. Can u please comment on this set-up?
Starsgazer wrote:
sunriser431
May I ask, are you from DepEd region 2?
Affirmative Shocked , seems like we crossed path recently sunriser431 Very Happy
Hopefully the information would be of help. Follow the LINK and good luck. bounce
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Re: A question of HOPE Authority.

Post by Starsgazer on Tue Feb 28, 2012 1:01 pm

RDV @ GP3i:
If the school has no BAC, you will have to utilize the Division Office BAC, if not the Regional Office BAC in all your procurement. The procurement using SVP or Shopping may be done by school but you need to be authorized by the Division or Regional Office BAC in accordance with the guidelines on Shopping and SVP per GPPB Resolution 09-2009.
I'm a little bit perplexed RDV because we do not seem to follow this kind of protocol. We do not course our procurement thru the flow that you have mentioned, neither does the Division/ Regional BAC nor COA advised as to do so. We just do periodic procurement in our school without the sanction from these offices. Have we somehow violated any provisions of law that must be observed? Would be glad to hear from you again, thanks:roll:

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Re: A question of HOPE Authority.

Post by RDV @ GP3i on Tue Feb 28, 2012 3:32 pm

Starsgazer wrote:
RDV @ GP3i:
If the school has no BAC, you will have to utilize the Division Office BAC, if not the Regional Office BAC in all your procurement. The procurement using SVP or Shopping may be done by school but you need to be authorized by the Division or Regional Office BAC in accordance with the guidelines on Shopping and SVP per GPPB Resolution 09-2009.
I'm a little bit perplexed RDV because we do not seem to follow this kind of protocol. We do not course our procurement thru the flow that you have mentioned, neither does the Division/ Regional BAC nor COA advised as to do so. We just do periodic procurement in our school without the sanction from these offices. Have we somehow violated any provisions of law that must be observed? Would be glad to hear from you again, thanks:roll:

In a way, you are violating the provisions of RA 9184 and its IRR. You cannot procure without the approved Annual Procurement Plan (APP). The APP is prepared by the BAC Secretariat, recommended by the BAC, and approve by the HOPE. If a particular procurement is not included in the APP, the BAC will have to recommend the particular procurement first to be approved by the HOPE or the APP can be updated first by the BAC for approval again by the HOPE.

So, in all procurement by the procuring entity, the BAC plays a role. Even if the responsibility of doing the actual procurement is delegated by the BAC to appropriate bureau, office, or committee (in the case of Shopping and SVP), still the BAC has to delegate that responsibility.

Now, if you are doing the procurement not knowing if the same is included in the APP or that a BAC has been involved in the process, or that the BAC has delegated the responsibility of not, then you might already be violating the provisions of the procurement law.
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Re: A question of HOPE Authority.

Post by jcolas on Tue Feb 28, 2012 10:37 pm

"stargazer wrote"

Hi All! i'm a newbie here and want to solicit your opinion on the subject. Does the HOPE have the power to transfer a procuring function of a Supply Officer in active duty, to a teacher designated as Physical Facilities Coordinator to handle procurement of materials and dispose the same without passing it thru the procuring unit? We belong to a OU of DepED. Let me hear your expert advice and please site provisions of law that are violated. Thanks in advance


To Sir RDV, engrjhez & Sunriser, its good to be back. It has been almost two months since my last post. Please allow me to start my post with the querry of my kababayan from DepEd Region 02. My answer to the first question is a very emphatic NO!! The HOPE can not transfer the procuring function of the Supply Office to the Office of the Physical Facilities Coordinator. Stargazer, please refer to your Job Description and you will see that the procuring function is inherently lodged with the Supply Office. You please refer also t0 the Handbook on Supply/Property Management by COA or the recently published by Deped. lastly, the Physical Facilities Unit is just a creation of a department memo/order with the job of facilitating the infrastructure projects of the central, regional or division office. It is an inorganic office which can be retired, removed, erased after it has supposedly lived its purpose, while the Supply Office is an organic, permanent office under the Division, region or the Central Office. The Supply Office, as the procuring unit is the only authorized office to dispose of materials and supplies through the use of the Receipt and Issue Slip which is consolidated monthly as the Monthly Report of Supplies and Materials Issued which is ussualy submitted to the resident auditor.

On the question of Sir RDV why you did not mention the presence of the BAC and your admission that you do not have one, and that you procure your supplies from the PS Depot, may I venture a guess. You are one of the so called financially independent school but with a very meager fund, which is just enough to procure your requirements at the PS Depot. I suggest that you talk with your principal so that you can come up with a Bid and Awards Committee., or please come to the regional office, look for me and let us thresh out the problem. Is that ok with you?
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Re: A question of HOPE Authority.

Post by sunriser431 on Wed Feb 29, 2012 11:24 am

jcolas wrote: To Sir RDV, engrjhez & Sunriser, its good to be back. It has been almost two months since my last post.
xxxx
Same for me, after more than four months absence, I do miss the forum and their endless querries matters involving procurement law et. , anyway I did provide " stargazer " before a LINK , for guidance. bounce
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Re: A question of HOPE Authority.

Post by engrjhez® on Thu Mar 01, 2012 12:57 am

Welcome back jcolas!

I myself is missing some weeks here in my in and out participation as I have followed the addictive impeachment proceedings. You will really miss a lot here in just a few days - updates and queries alike.
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