Latest topics

Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

View previous topic View next topic Go down

Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by engrjhez® on Mon Sep 28, 2009 12:22 pm

I may sound like an activitist here but I think there is a need to conduct a 'real' Case Study on the use of RA.9184 especially Negotiated Procurement in times of calamity and its use as a procurement method. There are obviously may scenarios that this is not quite effective, thus being abused. Consider an LGU case:

Several charity foundations are gathering donations from different sectors. While this is being undertaken, the Local Sanggunian, after the convening of Disaster Coordinating Council (DCC) declared a State of Calamity and authorized the release of millions of funds for relief and restoration of essential facilities. Now what if, cash pledges and donated goods does not enter the coffins of public funds and are being used for distribution by an LGU who already has funded the same. Again, what if such donations were falsely delivered to look like they are sourced from government funds when they are not? Is there a way to have a trail on this one? And how is the COA supposed to track this?
These and many questions may or may not be happening. But the possibility is always there. This is not an accusation to any government office but a CHALLENGE to have all actions be TRANSPARENT so that no doubt arises. Whether the Procurement Law is stringent or loose here needs to be established.
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by sunriser431 on Tue Sep 29, 2009 4:10 pm

engrjhez wrote:
I may sound like an activitist here but I think there is a need to conduct a 'real' Case Study on the use of RA.9184 especially Negotiated Procurement in times of calamity and its use as a procurement method. There are obviously may scenarios that this is not quite effective, thus being abused. Consider an LGU case:

Several charity foundations are gathering donations from different sectors. While this is being undertaken, the Local Sanggunian, after the convening of Disaster Coordinating Council (DCC) declared a State of Calamity and authorized the release of millions of funds for relief and restoration of essential facilities. Now what if, cash pledges and donated goods does not enter the coffins of public funds and are being used for distribution by an LGU who already has funded the same. Again, what if such donations were falsely delivered to look like they are sourced from government funds when they are not? Is there a way to have a trail on this one? And how is the COA supposed to track this?
These and many questions may or may not be happening. But the possibility is always there. This is not an accusation to any government office but a CHALLENGE to have all actions be TRANSPARENT so that no doubt arises. Whether the Procurement Law is stringent or loose here needs to be established.
Other modes of Acquisition
The following are the modes of acquiring property whether supplies,materials, equipment etc.
1. Transfer
2 .Donation
3. Confiscation,attachment or seizure and foreclosure
4. Production and manufacture
5. Construction
lets take for example Donations.Some assets are acquired through contributions or donations from private sector, other government agencies, to make proper documentation, there has to be "Deed of Donation" and "Acceptance of Donation" on part of the GOP. so this can be taken up in the Book of Accounts of the GOP, for proper accountability. Just Sharing my insight bounce
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by jcolas on Wed Sep 30, 2009 7:14 am

Sirs;
The scenario painted by the good engrghez in the case study is actually happening and some unscrupolous officials may be taking advantage of the situation. What the Agency can do is to set up a commitee or a taskforce with the job of receiving any donations, whether cash o in kind.For Cash donations, these should be properly receipted for and such receipts should be reported in the Report of Collections of the Collecting Officer. For donations in kind, their should be establisjhed a paper trail so that the COA can audit such donations or better still, deed of donations should be immediately prepared. Unscropolous officials may retort that these documentations can not and will be very difficult to be prepared under such emergency situation but with the task force or committee, these paper trails can be prepared while the donations are being issued to those affected by the emergency. In the procurement of things needed during emergencies using the cash donations collected, their is no reason for the agency not to follow the appropriate mode of procurement set by RA 9184. The emergency situation should not be made as a reason to disburse the money in a manner not sanctioned by the law. Good day to everybody.
avatar
jcolas
Board General
Board General

Male Number of posts : 517
Company/Agency : DepED RO 2
Occupation/Designation : Administrative Officer V
Registration date : 2009-07-02

Back to top Go down

Re: Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by engrjhez® on Wed Sep 30, 2009 9:52 am

In giving donations, whether in cash or kind, what I think is quintissential is that the donors ask for an "official receipt" to make everything accountable. The only problem is that the donor might look like "maarte" or simply catching some attention on their deeds. But this should be very important.

There are a lot to explore here. I hope some graduate students are looking on this site especially those in Public Administration doing their thesis/dissertation. Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by amang'65 on Wed Sep 30, 2009 1:44 pm

Obviously there is no way for COA to track down any form of donations if the transaction was done under the table. i agree with sunriser431 wherein there are several modes in acquiring properties whether in the form of supplies,materials, equipment etc and there are procedures in documenting them. Likewise for donations in the form of cash, this may be in the form of a trust fund, again there are procedures for this, for both the donee and the donor. it is actually an accouting procedure and therefore, if only every transaction should have undergone the regular government, accounting procedures and without any dark agenda, then i believe COA could easily track down any improper procedures. on the other as i have said, if these transactions are intended with dark agenda and was done under the table, good bye donations.
avatar
amang'65
Valued Contributor
Valued Contributor

Female Number of posts : 282
Company/Agency : City of Baguio
Occupation/Designation : sekretarya
Registration date : 2009-09-19

Back to top Go down

Re: Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by sunriser431 on Wed Sep 30, 2009 5:06 pm

engrjhez wrote:
In giving donations, whether in cash or kind, what I think is quintissential is that the donors ask for an "official receipt" to make everything accountable. The only problem is that the donor might look like "maarte" or simply catching some attention on their deeds. But this should be very important.

There are a lot to explore here. I hope some graduate students are looking on this site especially those in Public Administration doing their thesis/dissertation. Very Happy
This can also be claim as Tax Deductible (Donation) provided it meets all the specified requirements/limitation of the NIRC. Cool
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Case Study: Negotiated Procurement in times of Calamity - Effective or Abused?

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum