BAC resolved to recommend small value procurement instead of public bidding

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BAC resolved to recommend small value procurement instead of public bidding

Post by mjong on Fri Oct 23, 2015 8:42 am

Case:
BAC members resolved to recommend small value procurement as mode of procurement of well milled rice
for the supplemental feeding of day care children (included in the AIP of MSWD Office and not considered as emergency purchase)
amounting to Php 186,884.00.

Section 53.9 authorizes small value procurement where the procurement does not fall under Shopping in Section 52
of the IRR and the amount involved does not exceed the threshold prescribed in "Annex H of the IRR".

For a second class municipality, the threshold is 100,000.00.

Clearly they violated Section 53.9 of the IRR of RA 9184.

Facts: The BAC Vice-Chairman is the sister-in-law of the Supplier, thus 2nd degree of affinity applies.

Question: What penal, civil or administrative sanctions can be  meted to the erring individuals (BAC Members and the HOPE)?
Question: Is disclosure of relationship only being applied to bid procurement? How about shopping and small value procurement?

mjong
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Re: BAC resolved to recommend small value procurement instead of public bidding

Post by pluma on Sun Oct 25, 2015 10:11 pm

the RA 9485 could inflict serious penalty on them provided that there are presence of strong evidence, also  the COA can review the voucher and other supporting documents once it been submitted to their office which could result to a series of AOM's or disallowance. also I think I read it somewhere on that book (IRR of RA 9184) that there are penalties for such actions.
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