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AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

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AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 11:36 am

4 months ago our LGU Awarded through Competitive Bidding a number of Reconditioned/surplus Utility vehicles to a supplier from Cebu. However, during the processing of voucher for a full payment, our COA made an audit observation for a submission of Authority to Purchase from the DBM pursuant to AO 339 NBC 446 and 466-A. An excerpt of the order specified that the mileage of second hand vehicle/reconditioned must not exceed 60,000 kms which the supplier failed to complied. Honestly, our LGU was not aware of this requirement at all thus, the voucher of the Supplier was held in abeyance to our COA due to the abovementioned requirement.

Can we still get a "Better Late than Never" authority from the DBM/Office of the President since all of these vehicles worth almost 7M has already been distributed to the Barangays?

if it is a requirement, I think this may "stifle" the operation of LGU. Imagine how long will it take for us to process this authority from the Office of the President or the DBM.

secondly, our COA in its evaluation determined that there was an "overpricing" daw by the BAC and recommend that 20% of the payment be disallowed :. (until now we are waiting for the official result of their evaluation)..

is it within the function of the BAC to determine the ABC? Since the 7M ABC is approved by Local Ordinance as submitted by the end-user in its PPMP?


Last edited by ruel on Thu Nov 26, 2009 11:40 am; edited 2 times in total
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 12:46 pm

Malaking problema yan ruel,

1st, i believe there should always be an authority to procure from the DBM/OP for the case of national government offices/agencies, i am not quite sure for LGUs kasi meron naman kayong fiscal autonomy try researching kasi bakit marami akong nakikitang mga recon na vehicle na nabili ng mga ibang LGUs kung ano ginawa nila. the "better late than never" may not solve the problem, suppose we dont get an approval? that is why it is always best to bear in mind that it is always best to say "better never late". but try to negotiate with your coa for consideration.

2nd, you said that part of the specification is the mileage which should not exceed 60,000 kms. how come you accepted the deliveries when the supplier failed to comply on this specification? How about your inspectorate team what would they have to say with this?

3rd, you should have basis in placing your ABC (lets say an appraised value of the same make/model of vehicle in some ADs including other added expenses) i believe BAC has the authority in reviewing/revising the ABC when there is failed bidding. but during the procurement planning it is the project implementer/end-user who identifies the ABC.

anyways, you'll have to seat down with your coa and have a lot of explaining to do before everything will have to be documented.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 1:58 pm

amang1965 wrote:Malaking problema yan ruel,

1st, i believe there should always be an authority to procure from the DBM/OP for the case of national government offices/agencies, i am not quite sure for LGUs kasi meron naman kayong fiscal autonomy try researching kasi bakit marami akong nakikitang mga recon na vehicle na nabili ng mga ibang LGUs kung ano ginawa nila. the "better late than never" may not solve the problem, suppose we dont get an approval? that is why it is always best to bear in mind that it is always best to say "better never late". but try to negotiate with your coa for consideration.

you are right amang for securing the "authority" dahil yun naman talaga ang nakalagay sa AO, kaya lang the BAC was not aware of its existence before, since during the Pre-Proc conference di natalakay ang AO sa meeting, i wish the COA should have attended that pre-proc conference para ma remind nila tayo na merong palang existing AO na requirement bago i post yung procurement.

I am pretty sure na most LGU's may not be aware of the AO kaya lang their COA may be linient to them para mapabilis yung public service, although most LGU's here too were not required by their COA in their procurement of reconditioned vehicles.


amang1965 wrote:
2nd, you said that part of the specification is the mileage which should not exceed 60,000 kms. how come you accepted the deliveries when the supplier failed to comply on this specification? How about your inspectorate team what would they have to say with this?

im sorry but, that is not a part of our specification. it was only discovered when the COA showed us the AO..kung alam lng namin before, we could have outrightly rejected the delivery.
In reality, mahirap maging condition yung 60,000 mileage sa procurement of utility vehicles sa LGU's, dahil close to brand new na yaang 60,000 mileage.


amang1965 wrote:
3rd, you should have basis in placing your ABC (lets say an appraised value of the same make/model of vehicle in some ADs including other added expenses) i believe BAC has the authority in reviewing/revising the ABC when there is failed bidding. but during the procurement planning it is the project implementer/end-user who identifies the ABC.

anyways, you'll have to seat down with your coa and have a lot of explaining to do before everything will have to be documented.

amang, i wish you could provide me with amended section of the IRR with regards to "who's authority" on the setting of ABC. thanks. yooh! Very Happy
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by RDV @ GP3i on Thu Nov 26, 2009 2:08 pm

ruel wrote:4 months ago our LGU Awarded through Competitive Bidding a number of Reconditioned/surplus Utility vehicles to a supplier from Cebu. However, during the processing of voucher for a full payment, our COA made an audit observation for a submission of Authority to Purchase from the DBM pursuant to AO 339 NBC 446 and 466-A. An excerpt of the order specified that the mileage of second hand vehicle/reconditioned must not exceed 60,000 kms which the supplier failed to complied. Honestly, our LGU was not aware of this requirement at all thus, the voucher of the Supplier was held in abeyance to our COA due to the abovementioned requirement.

Can we still get a "Better Late than Never" authority from the DBM/Office of the President since all of these vehicles worth almost 7M has already been distributed to the Barangays?

if it is a requirement, I think this may "stifle" the operation of LGU. Imagine how long will it take for us to process this authority from the Office of the President or the DBM.

secondly, our COA in its evaluation determined that there was an "overpricing" daw by the BAC and recommend that 20% of the payment be disallowed :. (until now we are waiting for the official result of their evaluation)..

is it within the function of the BAC to determine the ABC? Since the 7M ABC is approved by Local Ordinance as submitted by the end-user in its PPMP?

Engr. Ruel:

AO 339 is actually an authority for the Governors, Mayors, and Punong Barangays to purchase transport and heavy equipment for their respective provinces, cities, municipalities and barangays out of unencumbered local funds covered by an appropriations ordinance specifically authorizing/earmarking the appropriations for the purpose, so long as the transport and heavy equipment do not exceed the specifications provided therein.

In other words, if you procure within the specifications provided in the said AO, you no longer need to seek DBM's or OP's approval. If the motor vehicles are not transport and heavy equipment or beyond the specifications, you will have to seek the approval of the DBM or of the Office of the President. There is another most recent issuance covering that, which is AO 233.

You mentioned that an excerpt of the order specified that the is that the mileage of second hand vehicle/reconditioned must not exceed 60,000 kms. Honestly, I did not find that provision in the AO. (http://www.chanrobles.com/administrativeorders/administrativeorderno339.html)
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 2:33 pm

okay I see, well i thought all the while that the 60,000km miliage was part of your specs. but as you said it is part of the AO, isa lang ang ibig sabihin niyan, we are being discouraged from procuring second hand or recon vehicles, kasi sa totoo lang mahirap magevaluate ng recon/second hand na vehicle/equipment. i guess you are right maybe other coa are linient, but as i have said may fiscal autonomy naman kayo and every procurement is based on the approved local ordinance withe an approved APP of course, will this not suffice to justify the procurement of a recon vehicle? but still try talking with your coa for consideration. well for the BACs authority i was referring to section 53.1.1 under negotiated procurement (twice failed), pero hindi naman failed bidding yong transaction nyo, i suppose?

Sorry Ruel but Dir.RDV has a better explanation, honestly i am not familiar with the AO you are referring.


Last edited by amang1965 on Thu Nov 26, 2009 2:39 pm; edited 1 time in total
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 2:38 pm

thanks RDV. you are of great help to LGU's like us. Actually i shall be meeting our DBM Regional Director in Davao on Dec 2-4 (new IRR seminar for LGU's) to discuss how to end this tortous impasse to the COA. Our suppliers is already getting impatient to us.

on my other queries above, i wish you will take time to reply it.

lastly, where can i download the AO 233?

many thanks. Very Happy
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 2:43 pm

amang1965 wrote:okay I see, well i thought all the while that the 60,000km miliage was part of your specs. but as you said it is part of the AO, isa lang ang ibig sabihin niyan, we are being discouraged from procuring second hand or recon vehicles, kasi sa totoo lang mahirap magevaluate ng recon/second hand na vehicle/equipment. i guess you are right maybe other coa are linient, but as i have said may fiscal autonomy naman kayo and every procurement is based on the approved local ordinance withe an approved APP of course, will this not suffice to justify the procurement of a recon vehicle? but still try talking with your coa for consideration. well for the BACs authority i was referring to section 53.1.1 under negotiated procurement (twice failed), pero hindi naman failed bidding yong transaction nyo, i suppose?

Sorry Ruel but Dir.RDV has a better explanation, honestly i am not familiar with the AO you are referring.

yup, di eto failed bidding. actually there was a 1st failure before due to non-posting in the National newpaper. after that during the 2nd bidding, two prospective bidders submitted the requirements but only one was compliant during the eleigibilty and opening of bids kaya nagging lone bidder ang isa at eventuaLLy the BAC declared it as the LCRB.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 2:45 pm

Dir.RDV:

do we have a similar AO for national govenment offices, wherein we need not seek an authority from the OP when it comes to procuring recon/second hand vehicle?
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by RDV @ GP3i on Thu Nov 26, 2009 2:50 pm

ruel wrote:thanks RDV. you are of great help to LGU's like us. Actually i shall be meeting our DBM Regional Director in Davao on Dec 2-4 (new IRR seminar for LGU's) to discuss how to end this tortous impasse to the COA. Our suppliers is already getting impatient to us.

on my other queries above, i wish you will take time to reply it.

lastly, where can i download the AO 233?

many thanks. Very Happy

You can download AO 233 here. http://www.op.gov.ph/directives/AO233.pdf

@amang1965: The same AO 233 applies to NGAs, GOCC, and LGUs.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 2:58 pm

Mabuhay ka Dir.RDV!!! your so great talaga. i do not know why our AO could hardly find justifications in our intention of procuring vehicle. thanks a lot Direk.

Amang
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 3:02 pm

RDV wrote:

AO 339 is actually an authority for the Governors, Mayors, and Punong Barangays to purchase transport and heavy equipment for their respective provinces, cities, municipalities and barangays out of unencumbered local funds covered by an appropriations ordinance specifically authorizing/earmarking the appropriations for the purpose, so long as the transport and heavy equipment do not exceed the specifications provided therein.

In other words, if you procure within the specifications provided in the said AO, you no longer need to seek DBM's or OP's approval. If the motor vehicles are not transport and heavy equipment or beyond the specifications, you will have to seek the approval of the DBM or of the Office of the President. There is another most recent issuance covering that, which is AO 233.

You mentioned that an excerpt of the order specified that the is that the mileage of second hand vehicle/reconditioned must not exceed 60,000 kms. Honestly, I did not find that provision in the AO.
(http://www.chanrobles.com/administrativeorders/administrativeorderno339.html)



I believed the 60,000 mileage maybe found NBC 446 and 446-A, RDV.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 3:15 pm

Ruel, can you lead me to NBC 446 and 446-A? Thanks.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by ziaragabriel on Thu Nov 26, 2009 3:21 pm

you're right sir ruel, that provision is found in Section 4.1 of NBC 446-A, to wit:

"The mileage of the second-hand vehicle to be purchased, estimated from the time it was originally acquired as a brand new unit, must not exceed 50,000kms. for high official function cars/sedans, passenger vans/wagons, and other service vehicles and 60,000kms. for utility vehicles. Mileage refers to the total distance travelled by the vehicle to be purchased."
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 3:26 pm

amang1965 wrote:Ruel, can you lead me to NBC 446 and 446-A? Thanks.

dont know how to use the link amang, but im sure if you try to use the web of the DBM you can download the circular. perhaps Ziaragabriel can link us.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 3:32 pm

okay ill do that ruel, thanks again for the info.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by ziaragabriel on Thu Nov 26, 2009 3:43 pm

sir ruel,
i'm sori i also don't know how to use the link. i've just got it from my file folder.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by Soysoy on Thu Nov 26, 2009 3:47 pm

in my opinion, the mileage requirement is applicable only to NGAs. As expressly stated in par. 5.0 of said circular, procurement of motor vehicles by LGUs are governed by AO 339, which does not contain any mileage requirements. thus, to my opinion, the COA in sir ruel's agency may have erred in using such budget circular as the criteria for the AOM.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by riddler on Thu Nov 26, 2009 4:13 pm

Soysoy wrote:in my opinion, the mileage requirement is applicable only to NGAs. As expressly stated in par. 5.0 of said circular, procurement of motor vehicles by LGUs are governed by AO 339, which does not contain any mileage requirements. thus, to my opinion, the COA in sir ruel's agency may have erred in using such budget circular as the criteria for the AOM.

i found this link soy,

http://gppb.topicsolutions.net/alternative-methods-of-procurement-f9/second-hand-vehicles-t140.htm?highlight=surplus+vehicles

It is interesting to note that this is a National Budget Circular which scope should have been aplied for NGA's only, however the LGU's were also mentioned to be covered by this sweeping circular.. what if the funds are sourced from our Local Funds? shall the NBC be applied too for LGU's?
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by sunriser431 on Thu Nov 26, 2009 4:48 pm

amang1965 wrote:Ruel, can you lead me to NBC 446 and 446-A? Thanks.

Good PM amang1965
click this link http://www.gppb.gov.ph/laws_rules/laws/NBC_446-A.pdf
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by amang'65 on Thu Nov 26, 2009 4:57 pm

sunriser,

Thanks a lot, pasensya na, limited my knowledge sa paghahanap ng mga memo, issuances etc.

amang
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by sunriser431 on Thu Nov 26, 2009 11:25 pm

amang1965 wrote:sunriser,

Thanks a lot, pasensya na, limited my knowledge sa paghahanap ng mga memo, issuances etc.

amang
No problem amang. you are welcome. cheers
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by sunriser431 on Thu Nov 26, 2009 11:45 pm

ruel wrote:
Soysoy wrote:in my opinion, the mileage requirement is applicable only to NGAs. As expressly stated in par. 5.0 of said circular, procurement of motor vehicles by LGUs are governed by AO 339, which does not contain any mileage requirements. thus, to my opinion, the COA in sir ruel's agency may have erred in using such budget circular as the criteria for the AOM.

i found this link soy,

http://gppb.topicsolutions.net/alternative-methods-of-procurement-f9/second-hand-vehicles-t140.htm?highlight=surplus+vehicles

It is interesting to note that this is a National Budget Circular which scope should have been aplied for NGA's only, however the LGU's were also mentioned to be covered by this sweeping circular.. what if the funds are sourced from our Local Funds? shall the NBC be applied too for LGU's?
Click this link for reference http://www.gppb.gov.ph/cgi-bin/news/archive_news.asp?news_id=121
additional info regarding warranty http://www.gppb.gov.ph/opinions/view_opinion.asp?o_id=426
Hope it might help. its 11:45 time to Sleep anyway holiday pala here way downsouth. those covered this proclamation. for info click this link http://www.ops.gov.ph/records/issuances-proc/PROC1808-A.pdf
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

Post by Soysoy on Fri Nov 27, 2009 8:34 am

ruel wrote:
Soysoy wrote:in my opinion, the mileage requirement is applicable only to NGAs. As expressly stated in par. 5.0 of said circular, procurement of motor vehicles by LGUs are governed by AO 339, which does not contain any mileage requirements. thus, to my opinion, the COA in sir ruel's agency may have erred in using such budget circular as the criteria for the AOM.

i found this link soy,

http://gppb.topicsolutions.net/alternative-methods-of-procurement-f9/second-hand-vehicles-t140.htm?highlight=surplus+vehicles

It is interesting to note that this is a National Budget Circular which scope should have been aplied for NGA's only, however the LGU's were also mentioned to be covered by this sweeping circular.. what if the funds are sourced from our Local Funds? shall the NBC be applied too for LGU's?

a careful reading of NBC No. 446-a, particularly the 2nd paragraph of [Sec] 5.0 thereof would disclose that NBC Nos. 446 and 446-a shall be applicable only to LGUs if the source of funds/ appropriations utilized to procure motor vehicles are from the CDF (now PDAF), other Special Purpose Funds or appropriations under the GAA.
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Re: AO 339 and National Budget Circular 446 and 446-A Series of 1995 and 1998

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