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BAC COMPOSITION

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BAC COMPOSITION

Post by demiboy on Mon Nov 26, 2012 12:44 pm

An Office Memorandum was released regarding the creation of Bids and Award Committee on November 16, 2012 but suddenly replaced on November 20, 2012 by another memorandum. The two memos were both signed by the HOPE. There's no information also that the first memo was rescinded by the latest memo. One of the member was replaced by the Cashier and I was the person being replaced. Accordingly, I was not fit in the position and I was moved to TWG but I was the Vice-Chairman before. The main reason why they replaced me is that Cashier is mandatory as member of the BAC. As member I know that finance and cashier are not prohibited except the accountant. My question is, is there any revised guidelines telling that CASHIER is a mandatory member of the Bids and Award Committee. Thank you very much!
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Re: BAC COMPOSITION

Post by regina avelino on Mon Nov 26, 2012 3:44 pm

There is no new guidelines with regard to prohibition of membership in the BAC. There are a lot of Non-policy memorandum issued by GPPB with regard to this issue. Based on these and the pertinent provision of COA Circular 2003-004, Chief Accountants, the chief accountant's personnel under him and other personnel are prohibited to be regular members of the BAC once any of the following condition is met;

1. approve the voucher in payment of such goods and services procured and of the infrastructure prosecuted
2. certify to the availability of funds for the project subject of the bidding.

Both conditions above are related to payment functions which should be segregated with procurement function for internal control.

Likewise the prohibition contained in COA Circular No. 2003-004 dated July 30, 2003 is not limited to the Chief Accountant and any personnel under him but extends to such other officers and employees who certify as to the availability of funds and approve vouchers in payment of the infrastructure projects, goods and services procured by the agency.

In the case at hand, you have to determine if the functions of the Cashier involves any of the 2 functions above. If yes then the cashier should be disqualified to be a member of the regular bac.

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Re: BAC COMPOSITION

Post by RDV @ GP3i on Mon Nov 26, 2012 4:22 pm

marvilsim wrote:An Office Memorandum was released regarding the creation of Bids and Award Committee on November 16, 2012 but suddenly replaced on November 20, 2012 by another memorandum. The two memos were both signed by the HOPE. There's no information also that the first memo was rescinded by the latest memo. One of the member was replaced by the Cashier and I was the person being replaced. Accordingly, I was not fit in the position and I was moved to TWG but I was the Vice-Chairman before. The main reason why they replaced me is that Cashier is mandatory as member of the BAC. As member I know that finance and cashier are not prohibited except the accountant. My question is, is there any revised guidelines telling that CASHIER is a mandatory member of the Bids and Award Committee. Thank you very much!

There are no guidelines mandating a Cashier position to be a mandatory member of the BAC. It is up to the procuring entity. Maybe it is in your internal rules or in your customized procurement manual that Cashiers are mandatory members. You need to check that out. Eventually, it is the HOPE who decides since the latter is the one who appoints or designates who the members of the BAC are.
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Re: BAC COMPOSITION

Post by rmishil on Wed Nov 28, 2012 12:08 pm

regarding BAC Members: in our agency there were 4 members plus the chairman. 2 of the members are considered as provisional members. Is there any provision that 2 of the BAC members should be provisional members?
another one, our budget officer is one of the BAC members, but sometimes he signs the certificate of availability of funds, can he be disqualified as BAC member? What if the office insists the he will be a BAC member, what would be our remedy?

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Re: BAC COMPOSITION

Post by salao on Wed Nov 28, 2012 4:32 pm

May i refer you to section 1.2.2 of the revised IRR of R.A. 9184....
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Re: BAC COMPOSITION

Post by demiboy on Tue Mar 19, 2013 2:56 pm

Is there any prescribed period for the composition of BAC? How long would it last. Is it okay to make a new composition of BAC members and TWG anytime even for a five days period and even not to rescind the previous memo. Is there any violation regarding abuse of authority. Thanks
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Re: BAC COMPOSITION

Post by attywaws on Tue Mar 19, 2013 6:46 pm

The rules states that the designation as a member of the Committee shall have a fixed term of 1 year UNLESS SOONER REMOVED by the Head of the Procuring Entity FOR A CAUSE.

The issuance of the second memo designating composition of the BAC in my opinion effectively superseded the first memo issued. However, such change should have a basis since the rules prescribed a fixed term of 1 year period.

"Cause" however was not defined nor limited and may embrace any condition as the HOPE may determine.
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Re: BAC COMPOSITION

Post by demiboy on Wed Mar 20, 2013 9:46 am

There is no basis mentioned in the third and last memo why they issued again a new memo for the composition of BAC. She just changed the member and TWG in the previous memorandum. The content of the letter was the same. Is there any violation regarding this one. Is there an abuse of authority or none.
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Re: BAC COMPOSITION

Post by regina avelino on Wed Mar 20, 2013 12:45 pm

if you were replaced before the expiration of 1 year, the memo should indicate a JUSTIFIABLE CAUSE for replacing you or else there is abuse of authority. I acknowledge the discretion that the HOPE can replace you anytime but it should be a justifiable cause.

excerpt from GPM.

"The Head of the Procuring Entity may suspend or remove a member
of the BAC for justifiable causes, including, but not limited to,
violations of the provisions of the R.A. 9184 or its IRR-A."

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Re: BAC COMPOSITION

Post by edy999992000 on Fri Aug 02, 2013 10:34 pm

Is the composition based on the plantilla position as te 3rd ranked plantilla position, or ranking according to designation...means designated as Dean of the College but have lower plantilla position...
Pls clarify...

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Re: BAC COMPOSITION

Post by Jovinal on Mon Aug 05, 2013 10:03 pm

plantilla position per sec. 11.22 of IIR " For purposes of this IRR, the term “permanent” shall refer to a plantilla position within the procuring entity concerned."
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Re: BAC COMPOSITION

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