Honoraria of Alternate BAC members

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Honoraria of Alternate BAC members

Post by regina avelino on Fri Jun 01, 2012 5:56 pm

Hi to all forum members. There are 5 BAC members, including the chairman and vice chairman, in our company. Sometimes, if the a member is not present, an alternate member would come in to ensure quorum. If for example, for Project AAA, the bac member attended the pre-procurement and the prebid conferences but the alternate bac member attended the succeeding meetings such as the opening of bid and resolving motion for reconsideration. what I have noticed is that when honoraria was granted after the successful award of project AAA, both the bac member and the alternate bac member received P2,500.00 each as per RA9184. So for project AAA, a total of 6 honoraria were granted, all 5 bac member, including the chairman and the vice chairman, and the alternate bac member. My understanding is that the the P2,500.00 honoraria should be granted proportionately between the bac member and the alternate bac member. Please advise if my contention is correct....... queen

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Re: Honoraria of Alternate BAC members

Post by RDV @ GP3i on Sat Jun 02, 2012 10:02 am

regina avelino wrote:Hi to all forum members. There are 5 BAC members, including the chairman and vice chairman, in our company. Sometimes, if the a member is not present, an alternate member would come in to ensure quorum. If for example, for Project AAA, the bac member attended the pre-procurement and the prebid conferences but the alternate bac member attended the succeeding meetings such as the opening of bid and resolving motion for reconsideration. what I have noticed is that when honoraria was granted after the successful award of project AAA, both the bac member and the alternate bac member received P2,500.00 each as per RA9184. So for project AAA, a total of 6 honoraria were granted, all 5 bac member, including the chairman and the vice chairman, and the alternate bac member. My understanding is that the the P2,500.00 honoraria should be granted proportionately between the bac member and the alternate bac member. Please advise if my contention is correct....... queen

You are correct, regina. The regular BAC member and his/her alternate should proportionately share between them the honoraria of P2,500.00 for Project AAA. As to how the honoraria will be proportionately divided, the P.E. should come up with its own rules, like the number of meetings attended over the total meetings conducted by the BAC.
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Re: Honoraria of Alternate BAC members

Post by regina avelino on Mon Jun 04, 2012 10:16 am

thank you very much sir RDV. I have gone through probably all dbm rules but I have not come across any provision to prove my contentions on this. Please advise provision of the law or is it enough proof/basis that the HOPE constituted 5 bac members, including the chair and the vice chair, that there should only be 5 honoraria, one P3,000.00 for chair and four P2,500.00 for the vice chair and the 3 members?

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Re: Honoraria of Alternate BAC members

Post by RDV @ GP3i on Mon Jun 04, 2012 4:52 pm

regina avelino wrote:thank you very much sir RDV. I have gone through probably all dbm rules but I have not come across any provision to prove my contentions on this. Please advise provision of the law or is it enough proof/basis that the HOPE constituted 5 bac members, including the chair and the vice chair, that there should only be 5 honoraria, one P3,000.00 for chair and four P2,500.00 for the vice chair and the 3 members?

It is because the DBM circulars on the payment of honoraria, particularly for the members of the BAC, were issued prior to the effectivity of the revised IRR which allowed the designation of alternate BAC members.

My basis for my position is the provision of the IRR itself which allowed the designation of alternate BAC members; i.e., Sec. 11.2.4, which provides that:

"The HOPE may designate alternate members of the BAC, who shall have the same qualifications as their principals ...The alternate members shall attend meetings of the BAC and receive the corresponding honoraria, whenever their principals are absent..."

It is very clear that the alternate will only be attending BAC meetings whenever their principals are absent. It is also clear that they are entitled to honoraria. If they are entitled to the honoraria for BAC members, why would their principals be entitled to the same when they are absent. If they do not discharge their duties and it is the alternate who is discharging the duties that they should be performing, then equity dictates that the one performing/discharging the additional duty required of BAC members should be the one entitled thereto and the one who fails to discharge the duty should not be entitled to the benefit. If the principal and his/her alternate "divide" the responsibility among themselves, it follows also that they divide the benefit between the two of them in a rational way, such as pro rata. The government should not be over burdened by the full payment of honoraria to the two of them as the intention of the law is only to grant honoraria to the members of the BAC. The alternate, being such, only alternates to an absent principal. The same rule also applies in all other cases where the principal sends an alternate to attend a meeting in his/her behalf. The per diem or honoraria is given only either to the principal or to the alternate, never to both.
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Re: Honoraria of Alternate BAC members

Post by regina avelino on Mon Jun 04, 2012 5:02 pm

thank you very much again sir RDV for the clear justification. This is really very helpful... thanks.

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