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SUPPLIES FOR THE BAC ACTIVITIES

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SUPPLIES FOR THE BAC ACTIVITIES

Post by Amity_175 on Thu Mar 15, 2012 4:23 pm

Good day everyone!!! May I be clarified if the supplies for the bidding process can be charged to the selling of bid docs?

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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by sunriser431 on Tue Apr 24, 2012 9:09 pm

Amity_175 wrote:Good day everyone!!! May I be clarified if the supplies for the bidding process can be charged to the selling of bid docs?
section 17.4 of the IRR which is self explanatory
Bidders may be asked to pay for the Bidding Documents to recover the cost of its preparation and development. The BAC shall issue the Bidding Documents upon payment of the corresponding cost thereof to the collecting/disbursing officer of the procuring entity concerned.(a)
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by RDV @ GP3i on Tue Apr 24, 2012 10:06 pm

Amity_175 wrote:Good day everyone!!! May I be clarified if the supplies for the bidding process can be charged to the selling of bid docs?

You charge it from your regular budget. The proceeds from the sale of bids shall be used exclusively for payment of honoraria of BAC and BAC support staff and OT of administrative staff supporting the BAC.
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by sunriser431 on Thu Apr 26, 2012 5:15 pm

If conflict will arise between Guidelines and the IRR, which I believe the latter shall prevail. bounce
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by RDV @ GP3i on Fri Apr 27, 2012 7:03 am

sunriser431 wrote:If conflict will arise between Guidelines and the IRR, which I believe the latter shall prevail. bounce

There is actually no conflict between the IRR and the guidelines. The IRR provision that bidders may be asked to pay for bidding documents to recover the cost for thereof does not categorically state and cannot be interpreted to mean that after recovery of the cost it could be used by the BAC for its supplies.

The BAC is already provided supplies from the regular budget of the procuring entity and recovery does not equate to utilizing the collection directly for BAC activities. Recovery could mean that the collection could go to the general fund to be available again for legislative appropriation.

On the other hand, the guidelines issued by the DBM, which has been mandated under Sec. 15 of RA 9184 to prescribe guidelines on the payment of honoraria, is very categorical. The collection shall be used exclusively for the payment of honoraria.

So, between a specific and a general, the general prevails.
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by engrjhez® on Fri Apr 27, 2012 6:19 pm

Unfortunately, the guidelines issued by the DBM are oftentimes disregarded. Even (some) accountants and COA auditors advise direct use of such fund for purposes other than honoraria and overtime (since budget officers cannot control such disbursements). Sad
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by sunriser431 on Fri Apr 27, 2012 9:03 pm

RDV @ GP3i wrote:
sunriser431 wrote:If conflict will arise between Guidelines and the IRR, which I believe the latter shall prevail. bounce

There is actually no conflict between the IRR and the guidelines. The IRR provision that bidders may be asked to pay for bidding documents to recover the cost for thereof does not categorically state and cannot be interpreted to mean that after recovery of the cost it could be used by the BAC for its supplies.

The BAC is already provided supplies from the regular budget of the procuring entity and recovery does not equate to utilizing the collection directly for BAC activities. Recovery could mean that the collection could go to the general fund to be available again for legislative appropriation.

On the other hand, the guidelines issued by the DBM, which has been mandated under Sec. 15 of RA 9184 to prescribe guidelines on the payment of honoraria, is very categorical. The collection shall be used exclusively for the payment of honoraria.

So, between a specific and a general, the general prevails.
I still honestly believe section 17.4 cannot be totally disregarded otherwise the framers of the IRR could have deleted the provision, since the provision still active, the only option is to revise the guidelines issued wayback in 2004 and 2005 (Budget circular No. 2004-5, Budget Circular No. 2004-5A) of course including the amendments to certain provision in 2007 (Budget Circular No. 2007-3) to allign with provision of the GPRA. bounce
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by RDV @ GP3i on Sat Apr 28, 2012 6:53 am

sunriser431 wrote:
RDV @ GP3i wrote:
sunriser431 wrote:If conflict will arise between Guidelines and the IRR, which I believe the latter shall prevail. bounce

There is actually no conflict between the IRR and the guidelines. The IRR provision that bidders may be asked to pay for bidding documents to recover the cost for thereof does not categorically state and cannot be interpreted to mean that after recovery of the cost it could be used by the BAC for its supplies.

The BAC is already provided supplies from the regular budget of the procuring entity and recovery does not equate to utilizing the collection directly for BAC activities. Recovery could mean that the collection could go to the general fund to be available again for legislative appropriation.

On the other hand, the guidelines issued by the DBM, which has been mandated under Sec. 15 of RA 9184 to prescribe guidelines on the payment of honoraria, is very categorical. The collection shall be used exclusively for the payment of honoraria.

So, between a specific and a general, the general prevails.
I still honestly believe section 17.4 cannot be totally disregarded otherwise the framers of the IRR could have deleted the provision, since the provision still active, the only option is to revise the guidelines issued wayback in 2004 and 2005 (Budget circular No. 2004-5, Budget Circular No. 2004-5A) of course including the amendments to certain provision in 2007 (Budget Circular No. 2007-3) to allign with provision of the GPRA. bounce

That is you opinion, sunriser. Even the Present of the Philippines vetoed a General Provision in the General Appropriations Act, providing for the use of collections from sale of bid docs for BAC activities, which was inserted by Congress because he it conflicts with that Budget Circular issued by the DBM.

In previous posts, you even find that insertion by Congress improper and agree that the proceeds shall be used exclusively for payment of honoraria and OT. To recall, follow this LINK.

And from the Generic Procurement Manual (GPM), Volume 1, page 28, the following quote:

"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 above as trust receipts to be used exclusively for the payment of honoraria
and overtime pay
duly 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 the Budget 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. Also see GPPB Resolution 21-2005 on the Guidelines for Legal Assistance and Indemnification of BAC Members and its Support Staff, which provide the general conditions, procedures and funding source for free legal assistance, liability insurance and medical assistance."
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Re: SUPPLIES FOR THE BAC ACTIVITIES

Post by sunriser431 on Sat Apr 28, 2012 3:57 pm

RDV @ GP3i wrote:
sunriser431 wrote:
RDV @ GP3i wrote:
sunriser431 wrote:If conflict will arise between Guidelines and the IRR, which I believe the latter shall prevail. bounce

There is actually no conflict between the IRR and the guidelines. The IRR provision that bidders may be asked to pay for bidding documents to recover the cost for thereof does not categorically state and cannot be interpreted to mean that after recovery of the cost it could be used by the BAC for its supplies.

The BAC is already provided supplies from the regular budget of the procuring entity and recovery does not equate to utilizing the collection directly for BAC activities. Recovery could mean that the collection could go to the general fund to be available again for legislative appropriation.

On the other hand, the guidelines issued by the DBM, which has been mandated under Sec. 15 of RA 9184 to prescribe guidelines on the payment of honoraria, is very categorical. The collection shall be used exclusively for the payment of honoraria.

So, between a specific and a general, the general prevails.
I still honestly believe section 17.4 cannot be totally disregarded otherwise the framers of the IRR could have deleted the provision, since the provision still active, the only option is to revise the guidelines issued wayback in 2004 and 2005 (Budget circular No. 2004-5, Budget Circular No. 2004-5A) of course including the amendments to certain provision in 2007 (Budget Circular No. 2007-3) to allign with provision of the GPRA. bounce

That is you opinion, sunriser. Even the Present of the Philippines vetoed a General Provision in the General Appropriations Act, providing for the use of collections from sale of bid docs for BAC activities, which was inserted by Congress because he it conflicts with that Budget Circular issued by the DBM.

In previous posts, you even find that insertion by Congress improper and agree that the proceeds shall be used exclusively for payment of honoraria and OT. To recall, follow this LINK.

And from the Generic Procurement Manual (GPM), Volume 1, page 28, the following quote:

"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 above as trust receipts to be used exclusively for the payment of honoraria
and overtime pay
duly 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 the Budget 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. Also see GPPB Resolution 21-2005 on the Guidelines for Legal Assistance and Indemnification of BAC Members and its Support Staff, which provide the general conditions, procedures and funding source for free legal assistance, liability insurance and medical assistance."
I had never render any opinion in the link you have provided, I only provided the General provision of section of 12 of GAA of 2010 bounce
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