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What is BAC's last activity?

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What is BAC's last activity?

Post by engrjhez® on Thu Jul 16, 2009 7:48 am

Due to several queries outside this forum, we decided to put the question to test for discussion purposes.

Up to what part of the procurement process can the BAC hold its papers before it proceeds to the next office?
(logically speaking, the Accounting Office)

Is it until the award?
Is it until the contract signing?
Is it until NTP is issued? or
Is it until the items/services are delivered/rendered?


Where does the BAC draw its borderline? Very Happy
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Re: What is BAC's last activity?

Post by msm326 on Thu Jul 16, 2009 9:29 am

engrjhez.
It is a dilemna to all particularly the LGUs because of the section that they may create a BAC Secretariat thus the work that initially been done by the GSO as the procuring unit had been chop chop(I would say so) . As per RA 9184 , the BAC is the recommending body for the award of the project and it is the HOPE will approve it.

although the BAC can instruct the Secretariat to make a canvass of items for their clarification it is still the functions of the GSO to facilitate all the documents , therefore after the recommendation of award then it is the GSO together with other inspectorate from the accounting unit or the LCE to check the deliveries and properly issued items as per RA 7160 and COA 92-386 and for infra it is already the responsibility of the eng'g department to monitor and evaluate the soundness of the project being implemented...

hope we share the same views....
msm326 Very Happy
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Re: What is BAC's last activity?

Post by riddler on Thu Jul 16, 2009 10:02 am

engrjhez wrote:Due to several queries outside this forum, we decided to put the question to test for discussion purposes.

Up to what part of the procurement process can the BAC hold its papers before it proceeds to the next office?
(logically speaking, the Accounting Office)

Is it until the award?
Is it until the contract signing?
Is it until NTP is issued? or
Is it until the items/services are delivered/rendered?


Where does the BAC draw its borderline? Very Happy

this is another million dollar "chicken and egg" question engrjhez. In my opinion, the function of the BAC stops after the Issuance of the BAC Resolution. After that, its going back again to the BAC Secretariat for Contract signing, posting of Bonds, Insurance, and other Securities.( that is why the Secretariat should be responsible or liable if there are misrepresentations on documents). It can be noted that the HOPE is the signatory of the NOA and NTP which are already outside the province of the BAC.

There are also another gray areas for LGU's that needs to be clarified with in another Round of trainings. From questions of who is responsible for preparation of PR's, vouchers, etc,etc. relative to the Procurement, who shall be responsible for the preparations of documents relative to the claims of the Bidders? Some GSO kasi prepares this documents such as claims for vouchers, but for me, it should be function of the End-user or program holders.


Last edited by ruel on Fri Jul 17, 2009 10:25 am; edited 3 times in total
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Re: What is BAC's last activity?

Post by jcolas on Thu Jul 16, 2009 7:47 pm

The role of the BAC stops after they signed the BAC Resolution and as sir ruel stated it will go back to the BAC Secretariat for the preparation of the NOA, the Contract and the NTP for signing by the HOPE. For the preparation of PR's(Purchase Request) for us at DEPED we are covered by a Memorandum where the PR is prepared and signed by the requisitioning office and approved by the HOPE. while the voucher for procurement is prepared by the Supply Office. I suggest that for LGU's, a memorandum from DILG maybe should be isssued delineating the signatories for each document (except Purchase Orders as these are signed by the Accountant for CAF and approved by the HOPE), so that responsibilities can be fixed. For the vouchers, their can never be doubts as to who shall sign each box as these are covered by appropriate COA rules and regulations. Please consult your Auditors.
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Re: What is BAC's last activity?

Post by misty on Fri Jul 17, 2009 9:47 am

what about the secretariat? it seems, from your posts, that there is no ending activity for the bac sec.
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Re: What is BAC's last activity?

Post by engrjhez® on Fri Jul 17, 2009 1:00 pm

misty wrote:what about the secretariat? it seems, from your posts, that there is no ending activity for the bac sec.
That is why engr.ruel mentioned the analogy i started in this forum "which came first, the chicken or egg?". The job of the BAC Secretariat never ends... hehe.

Nearing the conclusion of the procurement process, the awarded bidder commonly follows up on either the BAC Sec or the Accounting Office. The BAC Sec, being the "central agency" of communications, absorbs most of the job. This is why, we have to properly establish where to "draw the line". Very Happy
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Re: What is BAC's last activity?

Post by jcolas on Fri Jul 17, 2009 7:33 pm

That is correct sir engrjhez. The job of the BAC Secretariat never ends as we will still be hounded by the client in their following up of their payment; We are also asked questions by the HOPE and the BAC on procurement, that is the reason why we have to continually educate our selves through readings. I just hope gppb can give us preferential attention so that every approved gppb resolution will also be sent through our email.
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Re: What is BAC's last activity?

Post by sunriser431 on Sun Jul 19, 2009 11:31 pm

For us GOCCs, the work of the BAC stop after the HOPE signed the award contract. With regards to the issuance of the NTP its the funtions of the implementing unit, inspection and follow up of deliveries another unit is responsible (Supply officer and in coordination with COA representative) ), for payment to suppliers its the responsibilities of the finance/accounting unit.For the BAC secretariat is the posting of Notice of Award in the PHILGEPS.
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Re: What is BAC's last activity?

Post by riddler on Mon Jul 20, 2009 1:14 pm

sunriser431 wrote:For us GOCCs, the work of the BAC stop after the HOPE signed the award contract.

with reference to RA 9184 and the PBD forms, the BAC has no control over the Award and the NTP since the sole signatory of this forms is the HOPE. These activities should be under the BAC Secretariat and the End-User/s.

sunriser431 wrote:..x x x. for payment to suppliers its the responsibilities of the finance/accounting unit.For the BAC secretariat is the posting of Notice of Award in the PHILGEPS.

The preparation for vouchers and billings shall be the responsibility of the End-Users and the Suppliers/Contractors since they have the over- all control on the implementation of the project, subject to auditing rules and regulations. The postings of the NTP and Award are the responsibilities of the BAC Secretariat.
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Re: What is BAC's last activity?

Post by engrjhez® on Mon Jul 20, 2009 4:13 pm

Engr. Ruel,

Sorry to have you misled of the question. What i meant with BAC is the BAC composition, the BAC Secretariat and the BAC-TWG as a whole. Having have mentioned that the BAC members' paritcipation is only up to the recommendation of award, the BAC's function is actually being extended by the Secretariat on the paperworks. In such case, believe that the BAC's (including the Secretariat) custody of procurement papers (for purchase and payment purposes) cease after the contract signing. After the duly accomplished contract agreement, the end-user is informed of the results (as in the Notice of Award posted in conspicuous places, etc.) and the documentation is transmitted/endorsed to the Accounting Office. This prompt procedure will ensure that the BAC (as a whole) do not hold any interest in holding off documents after the successful conduct of procurement.

Whether its the BAC Sec or the Accounting Office who will transmit the required documentations under COA Circular 2009-001 is yet another question. Very Happy
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Re: What is BAC's last activity?

Post by riddler on Mon Jul 20, 2009 6:00 pm

engrjhez wrote:
Engr. Ruel,

Sorry to have you misled of the question. What i meant with BAC is the BAC composition, the BAC Secretariat and the BAC-TWG as a whole. Having have mentioned that the BAC members' paritcipation is only up to the recommendation of award, the BAC's function is actually being extended by the Secretariat on the paperworks. In such case, believe that the BAC's (including the Secretariat) custody of procurement papers (for purchase and payment purposes) cease after the contract signing. After the duly accomplished contract agreement, the end-user is informed of the results (as in the Notice of Award posted in conspicuous places, etc.) and the documentation is transmitted/endorsed to the Accounting Office. This prompt procedure will ensure that the BAC (as a whole) do not hold any interest in holding off documents after the successful conduct of procurement.

Whether its the BAC Sec or the Accounting Office who will transmit the required documentations under COA Circular 2009-001 is yet another question. Very Happy

my point kasi engrjhez, is that the BAC Secretariat has a greater responsibilty like the BAC (i.e. custody of documents, distribution of communications, preparation of reports, and other important procurement functions). If these functions are not followed, the liability must be under there office too, but not on the BAC. this is the reason why i am advocating for a BAC Secretariat with equal responsibility/liability as the BAC.
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Re: What is BAC's last activity?

Post by jcolas on Mon Jul 20, 2009 9:00 pm

To all the gentlemen, under Section 12.1 of the IRR-A of RA 9184, the BAC shall recommend award of contract to the HOPE through the Resolution to Award. At this point, the BAC stops. On the basis of the Resolution To Award signed by the BAC, the BAC Secretariat accomplishes the Notice of AWARD which is signed by the HOPE. After the NOA has been sent to the winning bidder and he signs it, it will be sent back to the Office and the BAC Secretariat prepares the Contract which is again signed by the HOPE, and the winning bidder. After the Contract has been notarized, the BAC Secretariat prepares the Notice to Proceed which is again signed by the HOPE. This is sent to the winning bidder who signs the conforme section of the NTP. After the completion of the contract, the BAC Secretariat, the end-users and the Budget and Finance Division coordinate with each other for the preparation of claim vouchers. This is the process that we observe at DepEd for the procurement through public bidding. This way, it is very clear where the BAC stops, where the HOPE enters and where the BAC Secretariat starts and stops.
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Re: What is BAC's last activity?

Post by engrjhez® on Mon Jul 20, 2009 10:08 pm

jcolas wrote:To all the gentlemen, under Section 12.1 of the IRR-A of RA 9184, the BAC shall recommend award of contract to the HOPE through the Resolution to Award. At this point, the BAC stops. On the basis of the Resolution To Award signed by the BAC, the BAC Secretariat accomplishes the Notice of AWARD which is signed by the HOPE. After the NOA has been sent to the winning bidder and he signs it, it will be sent back to the Office and the BAC Secretariat prepares the Contract which is again signed by the HOPE, and the winning bidder. After the Contract has been notarized, the BAC Secretariat prepares the Notice to Proceed which is again signed by the HOPE. This is sent to the winning bidder who signs the conforme section of the NTP. After the completion of the contract, the BAC Secretariat, the end-users and the Budget and Finance Division coordinate with each other for the preparation of claim vouchers. This is the process that we observe at DepEd for the procurement through public bidding. This way, it is very clear where the BAC stops, where the HOPE enters and where the BAC Secretariat starts and stops.
I would disagree on the underlined statements, perhaps in an LGU point of view.

First, we have to understand that BAC is a committee tasked to perform the bidding and awarding procedures. BAC is the link between the End User (government) and the Supplier (government or private). To have a legally acceptable procurement, it must pass the BAC. But the very goods or services as the case may be is for the End User to set (before the bidding) and implement (after award of contract). So the Notice to Proceed (NTP) is really for the End User to accomplish -not the BAC Secretariat.

Second, the BAC (even the Secretariat) does not any concern on how the project is implemented (or the goods be delivered and accepted) because again, it is up to the End User. They have nothing to do with finance or accounting procedures. The job is simple and must be clarified. Once the BAC Secretariat accomplished the papers that would form part of the award, the job is done.

STRICTLY SPEAKING: the BAC's function ends on the recommendation of award (Art.V Sec.12). The job of the Secretariat is also supposed to end with it. Kaya lang, nasa practice na natin na saklaw pa rin ng Secretariat hangang sa Contract Signing (or PO under AMPs), and as you mentioned hanggang sa payment ng supplier/contractor (tama?). Pero come to think, after ng approval ng BAC Resolution Recommending the Award, what's next? Notice to Proceed. To complete the BAC's function, dapat me award, right? Kaya yung "award" is accomplished by a Notice of Award. Cool Now, before formally entering into contract, dapat Performance Security muna (Art. XI Sec.39). Now who would be in-charge of its posting (the performance security)? Hindi ba dapat Accounting na? It would be clear na once Notice of Award is issued, accounting na dapat ang ka-papel-an.

So, who's task na yung Contract Signing up to the implementation? Eh di dapat sa End-User na Very Happy.
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Re: What is BAC's last activity?

Post by riddler on Tue Jul 21, 2009 9:52 am

engrjhez wrote:. x x x x. Now, before formally entering into contract, dapat Performance Security muna (Art. XI Sec.39). Now who would be in-charge of its posting (the performance security)? Hindi ba dapat Accounting na? It would be clear na once Notice of Award is issued, accounting na dapat ang ka-papel-an.

So, who's task na yung Contract Signing up to the implementation? Eh di dapat sa End-User na

The underlined statement engrjhez, should be the job of the BAC Secretariat in coordination with the End-user/s to smoothen the process. Before the issuance of the NTP, the Bidder must submit its Performance Security, Insurance, and other requirements of the PBD's. Kasi kung sa Accounting pa natin iaasa baka magtagal at pabalik balik yung mga papeles di ba?

Experience ko na yan dito dahil pagdating sa akin ng papeles (As end-user) marami ring nakaligtaan na requirements ang Accounting Office, sympre dahil da naman talaga nila gamay yung requirements of the RA 9184. Kaya dapat nating iaasa na lang sa unsung heroes like the BAC Secretariat.


Last edited by ruel on Tue Jul 21, 2009 9:59 am; edited 2 times in total
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Re: What is BAC's last activity?

Post by mbdr on Tue Jul 21, 2009 9:53 am

Good morning fellow govt workers!

So interesting ang discussions niyo about this.."What is BAC's last activity?". Para sa akin (correct me if im wrong), after the BAC passed a resolution for the award, then ma approve ng HOPE (kasi recommending lang ang BAC and its the HOPE who will approve) that will be the time na mag end na ang job sa BAC and I hope sa Secretariat rin.

Pero ang nangyari ngayun, ang BAC Secretariat namin ay hindi naka position sa isang office lang. May na naka post sa Mayors Office (4- the Head and 3 members na sila rin ang in charge sa minutes/resolutions/schedule of meetings/ nag check rin sa IAEB lalo na sa big procurment, 1M above,etc.etc) and the rest- 7 members nandoon sa GSD. After I made the resolutions for the award, then ma approve sa BAC at HOPE, the said resolutions (with the supporting docs like PR,abstract of bids,etc.) will be forwarded to the GSD wherein the other members of the BAC will prepare the Notice of Award , the NTP and PO. They will issue the PO to the supplier and takes charge of the inspection of the delivery. Vouchers/ Docs for payments will follow, involve na dito and end-user/s, accounting, GSD -Secretariat again and GSD Inspectors.

Sirs, parang chaos no? What I want to clear with you now is, the position of the BAC Secretariat. Where talaga ang BAC SEC makaupo na office? Is there a need na mag report cila sa GSD? Or sa mayors?

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Re: What is BAC's last activity?

Post by engrjhez® on Tue Jul 21, 2009 10:53 am

mbdr wrote:
x x x
Sirs, parang chaos no? What I want to clear with you now is, the position of the BAC Secretariat. Where talaga ang BAC SEC makaupo na office? Is there a need na mag report cila sa GSD? Or sa mayors?
I'll try to return to this query (and to the PM) later on. Me scheduled bidding lang kami ngayon. Sana ma-clear na rin yang isyu nayan 'coz, there is a partial resemblance in our case. For the meantime, I hope the others could make their comments muna. Very Happy
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Re: What is BAC's last activity?

Post by sunriser431 on Tue Jul 21, 2009 11:50 am

For similar topics refer to NPM 083-2007
Subject : Clarification on Certain Provisions of R.A. 9184
Issues/Concern item#7 When does the task of the BAC for a particular project end? Is it after the issuance by the head of the procuring entity of the Notice to Proceed?GPPB opinion :All members of the BAC shall be on a “jury duty” type of assignment until a Notice of Award is issued by the head of the procuring entity in order to complete the entire procurement process at the earliest possible time (Section 38.1, IRR-A). (This was updated by the GPPB resolution 14-2006). Reference to ANNEX “C” at least we have a general idea of the procurement activities.
The shortening of the procurement timelines
Click this link http://www.gppb.gov.ph/issuances/Resolutions/2006/14-2006.pdf
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Re: What is BAC's last activity?

Post by engrjhez® on Tue Jul 21, 2009 9:30 pm

sunriser431 wrote:For similar topics refer to NPM 083-2007
Subject : Clarification on Certain Provisions of R.A. 9184
Issues/Concern item#7 When does the task of the BAC for a particular project end? Is it after the issuance by the head of the procuring entity of the Notice to Proceed?GPPB opinion :[b]All members of the BAC shall be on a “jury duty” type of assignment until a Notice of Award is issued by the head of the procuring entity[/b] in order to complete the entire procurement process at the earliest possible time (Section 38.1, IRR-A). (This was updated by the GPPB resolution 14-2006). Reference to ANNEX “C” at least we have a general idea of the procurement activities.
The shortening of the procurement timelines
Click this link http://www.gppb.gov.ph/issuances/Resolutions/2006/14-2006.pdf
So there you have it (although not directly answered).

Once the Notice of Award is issued by the HOPE, BAC's functions end. Very Happy
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Re: What is BAC's last activity?

Post by engrjhez® on Tue Jul 21, 2009 9:35 pm

mbdr wrote:x x x

Sirs, parang chaos no? What I want to clear with you now is, the position of the BAC Secretariat. Where talaga ang BAC SEC makaupo na office? Is there a need na mag report cila sa GSD? Or sa mayors?
Going BAC Very Happy to your query, i believe the BAC Secretariat deserves an office to station and to keep custody of all documents pertaining to the procurement process. As per your request, further elaboration was already discussed and shared on your PM (please check). Razz
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Re: What is BAC's last activity?

Post by mbdr on Thu Jul 23, 2009 12:34 pm

Thank you Sir engrjhez!

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