BAC Resolution recommending emergency purchase

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BAC Resolution recommending emergency purchase

Post by honorablegurls on Mon Jun 18, 2012 3:44 pm

Good afternoon po. May I inquire as to the importance of a bac resolution recommending an emergency purchase? The scenario is this:
During a certain travel, two tires of our vehicle burst, therefore needing replacement. Upon inspection, the other two tires were also worn out so we replaced the whole four tires. We resorted to emergency purchase considering the situation. Now, one of the supporting documents (required by the accounting) needed for the payment of the tires is a BAC resolution recommending emergency purchase. May I then be enlightened why is the resolution needed, when in fact the procurement did not pass through the BAC kais nga emergency.

Please help me. thank you very much and more power.

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Re: BAC Resolution recommending emergency purchase

Post by regina avelino on Mon Jun 18, 2012 4:14 pm

please refer to section 48.2 and section 48.3 of IRR RA9184. Some companies see to it that replacement of tire when certain mileage for vehicles is reached, say 5000 km reading. This is part of repairs and maintenance that, in some companies, they replace the tires for certain period of time. For government agencies, tires may or may not be considered ordinary or common supply, thus, the usual mode of procurement would be bidding, small value procurment or shopping. since you mentioned that you conducted emergency purchase, it is requirement of section 48.3 that a bac resolution would be appropriate since there was a change in procurement mode of emergency purchase.

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Re: BAC Resolution recommending emergency purchase

Post by serlynn on Wed Jul 11, 2012 11:16 am

According to our BAC Chairman if the method of procurement is negotiated under Emergency cases the HOPE has the option/privelege to select & choose the contractors then the BAC will not specifically identify the contractors in their Board Resolution is this correct Sir/Madam? Under Negotiated Procurement Emergency cases who represent the procuring entity in directly negotiating with a qualified contractor is it the BAC or the HOPE?

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Re: BAC Resolution recommending emergency purchase

Post by alpha1 on Wed Jul 11, 2012 2:09 pm

In our case, the BAC does not recommend emergency purchase, it's the HOPE that issues the Certificate of Emergency Purchase, under Sec 48.1(a) or Sec 53.2. In the former we only send one (1) RFQ and the latter the BAC negotiate with one (1) contractor that is known to be technically and legally qualified our LGU.
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Re: BAC Resolution recommending emergency purchase

Post by sunriser431 on Wed Jul 11, 2012 9:53 pm

Same for us GOCCs, its the responsibility HOPE to issue the Certificate of Emergency for the particular procurement and the rest of the supporting documents which needs to be accomplish for compliance purpose. bounce
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Re: BAC Resolution recommending emergency purchase

Post by BAC WVSU on Wed Jul 18, 2012 12:45 pm

pale bounce Once the mentioned certificate is accomplished can the purchasing unit proceed with the procurement without a BAC Resolution?

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Re: BAC Resolution recommending emergency purchase

Post by engrjhez® on Wed Jul 18, 2012 2:07 pm

BAC WVSU wrote: pale bounce Once the mentioned certificate is accomplished can the purchasing unit proceed with the procurement without a BAC Resolution?

May I reiterate pertinent provisions of the IRR:

48.1. Subject to the prior approval of the Head of the Procuring Entity, and whenever
justified by the conditions provided in this Act, the procuring entity may, in order to
promote economy and efficiency, resort to any of the alternative methods of
procurement provided in this Rule. In all instances, the procuring entity shall ensure
that the most advantageous price for the Government is obtained.

Which would lead us to understanding that there are two requisites before engaging into emergency purchase (if Sec.53.2 is what we meant by it):
  1. prior approval of the HOPE, and
  2. justification of the method selected


Will the issuance of the HOPE as to the existence of emergency suffice? No.

The certification of the existence of emergency is just one of the justification under No.2 above. There should still be a "prior approval from the HOPE" to proceed with the procurement method. In my opinion, this prior approval may be incorporated in the certification of emergency particularly giving the instruction to the BAC as to the mode appropriate (if that would be Sec.53.2).

In any case convenient, it shall still be the BAC, not the HOPE, who will conduct the procurement process including the invitation of eligible and qualified supplier and selecting the the best price quotation submitted for the agency. The BAC will still have to issue a resolution recommending the award as approved by the HOPE. Smile
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Re: BAC Resolution recommending emergency purchase

Post by spicegrinder on Thu Jul 19, 2012 2:12 pm

Copy...thanks for the elucidation...it clarifies issues. Very Happy
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Re: BAC Resolution recommending emergency purchase

Post by alpha1 on Sat Jul 21, 2012 12:13 pm

I think WVSU's question is quite unclear as to what kind of BAC Resolution he/she is reffering to. Is it a BAC Resolution justifying (is it really needed?) the emergency purchase or a BAC Resolution recommending the award? As far as I could remember there were already lots of discussions regarding this topic, and so far everyone has its interpretation whether the BAC should make a resolution justifying the emergency purchase or not. In my own point of view, when one (1) of the four (4) conditions in Section 53.2 is present then the issuance of the HOPE of an emergency purchase is already valid and no need for justification by the BAC.

Good day to everyone!
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Re: BAC Resolution recommending emergency purchase

Post by sunriser431 on Sun Jul 22, 2012 7:42 pm

BAC WVSU wrote: pale bounce Once the mentioned certificate is accomplished can the purchasing unit proceed with the procurement without a BAC Resolution?
Its the duty of BAC to recommend thru BAC resolution and for approval of the HOPE the methods to be adopted for that particular procurement. For us GOCCs, the BAC resolution recommending the methods of procurement to be adopted is needed. bounce
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Re: BAC Resolution recommending emergency purchase

Post by j.a.trev on Wed Nov 18, 2015 2:21 pm

BAC - recommedation
HOPE - approval

their responsibilities are clear and self explanatory.

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