Approved vs. Noted on BAC Resolution

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Approved vs. Noted on BAC Resolution

Post by engrjhez® on Thu Jul 19, 2012 5:51 pm

Please comment (on the bold part):

(letterhead)

(resolution number)
(resolution title)

(whereas clause)

(wherefore/therefore clause)

(date and place, resolved)

(BAC signatories)

NOTED BY:

(Head of Procuring Entity)

Anyone?


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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Thu Jul 19, 2012 5:57 pm

Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Thu Jul 19, 2012 6:00 pm

regina avelino wrote:Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

Very Happy

In a BAC resolution, say for AWARD purposes, do you think it is appropriate? Why or why not?
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Re: Approved vs. Noted on BAC Resolution

Post by alpha1 on Sat Jul 21, 2012 11:51 am

It mmust have to be approved because under the IRR the function of the BAC is only to recommend. If is just noted, then is is not deemed approved.
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Re: Approved vs. Noted on BAC Resolution

Post by sunriser431 on Sun Jul 22, 2012 7:13 pm

engrjhez® wrote:Please comment (on the bold part):

(letterhead)

(resolution number)
(resolution title)

(whereas clause)

(wherefore/therefore clause)

(date and place, resolved)

(BAC signatories)

NOTED BY:

(Head of Procuring Entity)

Anyone?


The NOTED BY: is commonly used in office communications, its only purpose, the person was notified properly of the information and issues or concerns . It doesn't mean anything, from my experience most will signed the documents. bounce
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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Mon Jul 23, 2012 9:36 am

engrjhez® wrote:
regina avelino wrote:Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

Very Happy

In a BAC resolution, say for AWARD purposes, do you think it is appropriate? Why or why not?

It doesn't matter if it's "noted" or "approved" in a BAC resolution for award purposes. If the procuring entity, through the HOPE, issues the NOTICE OF AWARD, then it's tantamount that the HOPE approved the BAC resolution for award purposes to the LCRB.

Wink

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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Mon Jul 23, 2012 10:04 am

regina avelino wrote:
engrjhez® wrote:
regina avelino wrote:Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

Very Happy

In a BAC resolution, say for AWARD purposes, do you think it is appropriate? Why or why not?

It doesn't matter if it's "noted" or "approved" in a BAC resolution for award purposes. If the procuring entity, through the HOPE, issues the NOTICE OF AWARD, then it's tantamount that the HOPE approved the BAC resolution for award purposes to the LCRB.

Wink

In case of Alternative Methods, will the same hold true?
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Re: Approved vs. Noted on BAC Resolution

Post by alpha1 on Mon Jul 23, 2012 10:33 am

engrjhez® wrote:
regina avelino wrote:
engrjhez® wrote:
regina avelino wrote:Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

Very Happy

In a BAC resolution, say for AWARD purposes, do you think it is appropriate? Why or why not?

It doesn't matter if it's "noted" or "approved" in a BAC resolution for award purposes. If the procuring entity, through the HOPE, issues the NOTICE OF AWARD, then it's tantamount that the HOPE approved the BAC resolution for award purposes to the LCRB.

Wink

In case of Alternative Methods, will the same hold true?

In our case, all the BAC members attests our resolutions and the Chairman recommends for approval. If the HOPE only note the resolution I think there is inconsistency on it. I have seen so many approved resolutions but never with a noted resolution.
Smile
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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Mon Jul 23, 2012 10:58 am

Include the instance where the APP (for approval) is embodied in the BAC Resolution... Smile
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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Mon Jul 23, 2012 11:12 am

engrjhez® wrote:
regina avelino wrote:
engrjhez® wrote:
regina avelino wrote:Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

Very Happy

In a BAC resolution, say for AWARD purposes, do you think it is appropriate? Why or why not?

It doesn't matter if it's "noted" or "approved" in a BAC resolution for award purposes. If the procuring entity, through the HOPE, issues the NOTICE OF AWARD, then it's tantamount that the HOPE approved the BAC resolution for award purposes to the LCRB.

Wink

In case of Alternative Methods, will the same hold true?

Same holds true for alternative methods, Sir.

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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Mon Jul 23, 2012 11:21 am

regina avelino wrote:
engrjhez® wrote:
regina avelino wrote:
engrjhez® wrote:
regina avelino wrote:Noted: you just take cognizance of the fact and without any consideration or does not react on certain matter. No sort of accountability.

Approved: something you accept as having weight and take accountability for it.

Very Happy

In a BAC resolution, say for AWARD purposes, do you think it is appropriate? Why or why not?

It doesn't matter if it's "noted" or "approved" in a BAC resolution for award purposes. If the procuring entity, through the HOPE, issues the NOTICE OF AWARD, then it's tantamount that the HOPE approved the BAC resolution for award purposes to the LCRB.

Wink

In case of Alternative Methods, will the same hold true?

Same holds true for alternative methods, Sir.

You mean, you issue Notice of Award for alternative methods?
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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Mon Jul 23, 2012 11:29 am

No Sir, a certification from the HOPE approving the recommendation to resort to alternative methods. We do this to establish document paper trail.

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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Mon Jul 23, 2012 11:32 am

regina avelino wrote:No Sir, a certification from the HOPE approving the recommendation to resort to alternative methods. We do this to establish document paper trail.

Is it the BAC that "approves" the award for alternative methods?
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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Mon Jul 23, 2012 11:37 am

No sir, BAC only recommends the award for alternative methods. It's the hope who approves it.

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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Mon Jul 23, 2012 11:46 am

regina avelino wrote:No sir, BAC only recommends the award for alternative methods. It's the hope who approves it.

Based on your previous answer:

regina avelino wrote:
It doesn't matter if it's "noted" or "approved" in a BAC resolution for award purposes. If the procuring entity, through the HOPE, issues the NOTICE OF AWARD, then it's tantamount that the HOPE approved the BAC resolution for award purposes to the LCRB.

Wink
If the BAC Resolution for the Award of alternative methods bear with it the "Noted" signature of the HOPE, will it still not matter?

I hope I didn't sound different here. We are just discussing for academic reasons lang po Smile


Last edited by engrjhez® on Mon Jul 23, 2012 1:53 pm; edited 1 time in total
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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Mon Jul 23, 2012 12:03 pm

Don't worry sir, not at all, I remember my professor when i was in college sa ObliCon subject ko. When she calls a student to answer question, you will feel she holding a machine gun, instead of bullets, series of question are being thrown at you..... he he he... Smile but challenging.

I got myself confused. If the BAC resolution for award of alternative methods bears with it the "APPROVED" signature of the HOPE, then it matters, if "NOTED", then it's not. I retract my previous answer where I said "the same holds true for alternative methods".


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Re: Approved vs. Noted on BAC Resolution

Post by engrjhez® on Mon Jul 23, 2012 2:21 pm

regina avelino wrote:Don't worry sir, not at all, I remember my professor when i was in college sa ObliCon subject ko. When she calls a student to answer question, you will feel she holding a machine gun, instead of bullets, series of question are being thrown at you..... he he he... Smile but challenging.

I got myself confused. If the BAC resolution for award of alternative methods bears with it the "APPROVED" signature of the HOPE, then it matters, if "NOTED", then it's not. I retract my previous answer where I said "the same holds true for alternative methods".


Ok. Para ngang classroom discussion o class recitation no?

Anyway, the point in asking these questions is the nature of accountability of the HOPE. Having the "NOTED" remark in the resolution does not entail any approval. Hence, in the case of APP recommendations, the APP will fail to have any effect. The same is true on all awards. As you have pointed out, approval of BAC resolution on award of procurement thru Public Bidding is not material.

I disagree.

First, the Notice of Award (NOA) is only a "notice" by its nature. Nowhere can be found in the NOA that it was the HOPE who made the award possible even if he is the signatory of the document. It can be argued later that the approval is implied in the issuance of NOA and the perfection of contract/PO. But the law expressly provides that it is the HOPE who must approve. Pertinent provisions of the IRR provides:

  • The APP shall bear the approval of the Head of the Procuring Entity or second-ranking official designated by the Head of the Procuring Entity to act on his behalf, and must be consistent with its duly approved yearly budget. (Sec.7.2)

  • The procuring entity’s Budget Office shall evaluate each end-user’s submitted PPMP and, if warranted, include it in the procuring entity’s budget proposal for approval by the Head of the Procuring Entity. (Sec.7.3.3)

  • The updating of the PPMPs shall be the responsibility of the respective end-user units of the Procuring Entities, while the consolidation of these PPMPs into an APP shall be lodged with the BAC Secretariat, subject to approval of the Head of the Procuring Entity. (Sec.7.4)

  • The procurement monitoring report shall be approved and submitted by the Head of the Procuring Entity to the GPPB in printed and electronic format within fourteen (14) calendar days after the end of each semester. (Sec.12.2)

  • The BAC shall recommend the short list of consultants to the Head of the Procuring Entity for consideration and approval. (Sec.24.5.4)

  • From submission and receipt of bids until the approval by the Head of the Procuring Entity of the ranking of short listed bidders, those that have submitted their bids are prohibited from making any communication with any BAC member, including its staff and personnel, as well as its Secretariat and TWG, regarding matters connected to their bids. (Sec.33.1)

  • The Head of the Procuring Entity shall approve or disapprove the recommendations of the BAC within two (2) calendar days after receipt of the results of the evaluation from the BAC. (Sec.33.2.1.a.iii)

  • The exact weights shall be approved by the Head of the Procuring Entity upon the recommendation of the BAC and indicated in the Bidding Documents. (Sec.33.2.1.b.ii)

  • All participating short listed consultants shall be furnished the results (ranking and total scores only) of the evaluation after the approval by the Head of the Procuring Entity of the ranking. (Sec.33.2.4)

  • The BAC shall recommend to the Head of the Procuring Entity the award of contract to the bidder with the Lowest Calculated Responsive Bid/Highest Rated Responsive Bid or the Single Calculated/Rated Responsive Bid after the postqualification process has been completed.To facilitate the approval of the award, the BAC shall submit the following supporting documents to the Head of the Procuring Entity: a) Resolution of the BAC recommending award; b) Abstract of Bids; c) Duly approved program of work or delivery schedule, and Cost Estimates; d) Document issued by appropriate entity authorizing the procuring entity to incur obligations for a specified amount; and e) Other pertinent documents required by existing laws, rules, and/or the procuring entity concerned. (Sec.37.1.1)

  • Within a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. (Sec.37.1.2)

  • 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. (Sec.48.1)
You may follow the discussion in this blog >>> http://engrjhez.wordpress.com/2012/07/19/approval-bac-reso-part1/
Smile

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Re: Approved vs. Noted on BAC Resolution

Post by regina avelino on Mon Jul 23, 2012 5:27 pm

noted sir and thank you for the explanation.

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Re: Approved vs. Noted on BAC Resolution

Post by Alpha on Fri Aug 03, 2012 5:36 pm

Normally, as far as what I had encountered, "Approved" is more being used instead of "Noted", particularly on resolutions that requires approval. Although there are legalists that consider both to have the same value. I am still however in search of certain or any valid ruling about it.

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