Approval by Higher Authority

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Approval by Higher Authority

Post by riddler on Sun Aug 09, 2009 9:55 am

NEw IRR
37.3. Contract Approval by Higher Authority

When further approval of higher authority is required, the approving authority for the
contract or his duly authorized representative shall be given a maximum of fifteen
(15) calendar days from receipt thereof to approve or disapprove it
. However, for
infrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below,
the maximum period is five (5) calendar days. In the case of GOCCs, the concerned
board or its duly authorized representative shall be given a maximum of twenty-five
(25) calendar days from receipt thereof to approve or disapprove it.

For LGU's as discussed on the other forum, the higher authority is the Chief Executive Officer or the Local MaYORS/Governors.

query: What if the Higher Authority (HOPE) for LGU's eh pinatulog yung papeles at lumampas na sa 15 cal days at wala namang reason kung bakit? What will happen now to the Procurement? Is it deemed approved or diretso na lang failure?
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Re: Approval by Higher Authority

Post by sunriser431 on Sun Aug 09, 2009 12:35 pm

ruel wrote:NEw IRR
37.3. Contract Approval by Higher Authority

When further approval of higher authority is required, the approving authority for the
contract or his duly authorized representative shall be given a maximum of fifteen
(15) calendar days from receipt thereof to approve or disapprove it
. However, for
infrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below,
the maximum period is five (5) calendar days. In the case of GOCCs, the concerned
board or its duly authorized representative shall be given a maximum of twenty-five
(25) calendar days from receipt thereof to approve or disapprove it.

For LGU's as discussed on the other forum, the higher authority is the Chief Executive Officer or the Local MaYORS/Governors.

query: What if the Higher Authority (HOPE) for LGU's eh pinatulog yung papeles at lumampas na sa 15 cal days at wala namang reason kung bakit? What will happen now to the Procurement? Is it deemed approved or diretso na lang failure?

In 2007 President Gloria Macapagal-Arroyo signed the Anti-Red Tape Act of 2007 or RA 9485.The signing into law of the Anti-Red Tape Act confirms the government’s resolve to stump graft and corruption in the bureaucracy; hasten government transactions and provide stiffer penalties for those engaging in graft and corruption. This serve as a reminder to government official and employees.
For complete txt click this link http://www.cibac.org/RA9485.pdf
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Re: Approval by Higher Authority

Post by riddler on Sun Aug 09, 2009 1:01 pm

sunriser431 wrote:
ruel wrote:NEw IRR
37.3. Contract Approval by Higher Authority

When further approval of higher authority is required, the approving authority for the
contract or his duly authorized representative shall be given a maximum of fifteen
(15) calendar days from receipt thereof to approve or disapprove it
. However, for
infrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below,
the maximum period is five (5) calendar days. In the case of GOCCs, the concerned
board or its duly authorized representative shall be given a maximum of twenty-five
(25) calendar days from receipt thereof to approve or disapprove it.

For LGU's as discussed on the other forum, the higher authority is the Chief Executive Officer or the Local MaYORS/Governors.

query: What if the Higher Authority (HOPE) for LGU's eh pinatulog yung papeles at lumampas na sa 15 cal days at wala namang reason kung bakit? What will happen now to the Procurement? Is it deemed approved or diretso na lang failure?

In 2007 President Gloria Macapagal-Arroyo signed the Anti-Red Tape Act of 2007 or RA 9485.The signing into law of the Anti-Red Tape Act confirms the government’s resolve to stump graft and corruption in the bureaucracy; hasten government transactions and provide stiffer penalties for those engaging in graft and corruption. This serve as a reminder to government official and employees.
For complete txt click this link http://www.cibac.org/RA9485.pdf

OK thanks. But going back to my query. What will happen now to the Contract?
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Re: Approval by Higher Authority

Post by sunriser431 on Sun Aug 09, 2009 1:31 pm

ruel wrote:
sunriser431 wrote:
ruel wrote:NEw IRR
37.3. Contract Approval by Higher Authority

When further approval of higher authority is required, the approving authority for the
contract or his duly authorized representative shall be given a maximum of fifteen
(15) calendar days from receipt thereof to approve or disapprove it
. However, for
infrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below,
the maximum period is five (5) calendar days. In the case of GOCCs, the concerned
board or its duly authorized representative shall be given a maximum of twenty-five
(25) calendar days from receipt thereof to approve or disapprove it.

For LGU's as discussed on the other forum, the higher authority is the Chief Executive Officer or the Local MaYORS/Governors.

query: What if the Higher Authority (HOPE) for LGU's eh pinatulog yung papeles at lumampas na sa 15 cal days at wala namang reason kung bakit? What will happen now to the Procurement? Is it deemed approved or diretso na lang failure?

In 2007 President Gloria Macapagal-Arroyo signed the Anti-Red Tape Act of 2007 or RA 9485.The signing into law of the Anti-Red Tape Act confirms the government’s resolve to stump graft and corruption in the bureaucracy; hasten government transactions and provide stiffer penalties for those engaging in graft and corruption. This serve as a reminder to government official and employees.
For complete txt click this link http://www.cibac.org/RA9485.pdf

OK thanks. But going back to my query. What will happen now to the Contract?


Section 38. Period of Action on Procurement Activities
Section 38.3 If no action on the contract is taken by the Head of the Procuring Entity or the appropriate approving authority within the periods specified in this IRR, the contract concerned shall be deemed approved: Provided, however, That where further approval by the Office of the President is required, the contract shall not be deemed approved unless and until the Office of the President gives actual approval to the contract concerned.
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Re: Approval by Higher Authority

Post by sunriser431 on Sun Aug 09, 2009 2:00 pm

For purpose of Discussion
GPM volume 1
The Procuring Entity and the Procurement Unit/Office
Responsibilities of the Head of the Procuring Entity.
The Head of the Procuring Entity, or his duly authorized representative, shall have the following responsibilities in the procurement process:
i. xxx
ii. xxx
iii. Upon submission by the BAC of the recommendation for award, the Head of the Procuring Entity or his/her representative must approve the same. He/she may, however, disapprove the recommendation but only on the basis of valid, reasonable and justifiable grounds to be expressed in writing, and furnished to the BAC.

additional info.
Under Sections 37 and 38 of R.A. 9184, in cases where the Head of the Procuring Entity is required to approve specific contracts, he shall ensure that the same are approved within the time frame indicated in the IRR-A, that is, within 20 calendar days from receipt of the transmittal to his office. The BAC Secretariat, in coordination with the Internal Audit Unit of the agency, shall ensure that the contract is acted upon by the Head of the Procuring Entity within the reglementary period. Otherwise, such contracts, if not acted upon within the reglementary period, shall be deemed approved. In the case of GOCCs, the concerned board, or its duly authorized representative, shall act on the approval of the contract within 30 calendar days from receipt thereof together with all documentary requirements to perfect the said contract.

My question. Is this within the functions of the BAC secretariat? refer to the bold, underline txt.
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Re: Approval by Higher Authority

Post by RDV @ GP3i on Sun Aug 09, 2009 7:01 pm

ruel wrote:NEw IRR
37.3. Contract Approval by Higher Authority

When further approval of higher authority is required, the approving authority for the
contract or his duly authorized representative shall be given a maximum of fifteen
(15) calendar days from receipt thereof to approve or disapprove it
. However, for
infrastructure projects with an ABC of Fifty Million Pesos (P50,000,000) and below,
the maximum period is five (5) calendar days. In the case of GOCCs, the concerned
board or its duly authorized representative shall be given a maximum of twenty-five
(25) calendar days from receipt thereof to approve or disapprove it.

For LGU's as discussed on the other forum, the higher authority is the Chief Executive Officer or the Local MaYORS/Governors.

query: What if the Higher Authority (HOPE) for LGU's eh pinatulog yung papeles at lumampas na sa 15 cal days at wala namang reason kung bakit? What will happen now to the Procurement? Is it deemed approved or diretso na lang failure?

Good question, engr. ruel.

I hope my understanding of the revisions is correct. There was only a minor amendment to Sec. 37.4 of IRR-A, which is now Sec. 37.3 of the revised IRR. If you noticed, the phrase "together will all documentary requirements to perfect the said contract" which is in IRR-A was deleted in the revised IRR. However, both sections refer to situations when "further approval of Higher authority is required", meaning, after contract signing (which should be within 10 c.d. from receipt by winning bidder of NOA, by the HOPE or a lower level authorized official, further approval by higher authority is still required. In other words, in the case of LGUs, particularly if the signatory to the contract is ALREADY the HOPE, then that provision will no longer apply. After the signing of the contract by both parties, the contract is already a perfected contract.

If, however, the HOPE has delegated the contract signing to a lower level official, but subject to his further approval, that provision will apply. You then have to read that provision in relation to Sec. 38.2 of the revised IRR, which reads as follows:

"38.3. If no action on the contract is taken by the Head of the Procuring Entity or the appropriate approving authority within the periods specified in this IRR, the contract concerned shall be deemed approved: Provided, however, That where further approval by the Office of the President is required, the contract shall not be deemed approved unless and until the Office of the President gives actual approval to the contract concerned."

So, in that particular case, if the HOPE take no action (inupuan) within the period specified in Sec. 38.3 (although the revised IRR was not specific as to the particular section unlike IRR-A), the contract is deemed approve. (NOTE: Although Sec. 38.3 is not specific as to the particular section, I think it refers to Sec. 37.3 since the subject matter of the former is contract approval not contract signing.

I hope I have clarified the matter, engr. ruel.

(NOTE: This is out of topic.)
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