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BAC Chair designated as Procurement Officer

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BAC Chair designated as Procurement Officer

Post by Berna on Sun Feb 28, 2010 2:29 pm

There is a conflict of interest if the BAC Chair is the procurement officer according to COA findings.

Section11.2.3 The BAC for LGUs shall be composed of the following:
a) One representative each from the regular officers under the Office of the LCE such as, but not limited to, the ff: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices

In the event that the LCE designated the GSO as BAC Member, the GSO might be elected as the BAC Chair...or the designated GSO as BAC Member is prohibited to be elected as Chair since she/he is the procurement officer? Question


Last edited by Bernadette G. Driza on Sun Feb 28, 2010 2:35 pm; edited 1 time in total (Reason for editing : kulang)
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Re: BAC Chair designated as Procurement Officer

Post by Guest on Mon Mar 01, 2010 9:05 am

Is there a memo issued for such findings? please post it so we could also read it.

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Re: BAC Chair designated as Procurement Officer

Post by amang'65 on Mon Mar 01, 2010 12:53 pm

i am not likwise aware of this memo, but bernadette this might be an internal memo/resolution from your agency/
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Re: BAC Chair designated as Procurement Officer

Post by Berna on Mon Mar 01, 2010 1:24 pm

Pritong Kandule wrote:Is there a memo issued for such findings? please post it so we could also read it.


Sorry po but i do not know how to insert a file... Embarassed
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Re: BAC Chair designated as Procurement Officer

Post by Guest on Mon Mar 01, 2010 1:49 pm

Is it long? jus copy paste the entire thing here. or if it is on pdf just click properties and copy the location address then paste it here.

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Re: BAC Chair designated as Procurement Officer

Post by charlie brown on Mon Mar 01, 2010 4:40 pm

Bernadette G. Driza wrote:There is a conflict of interest if the BAC Chair is the procurement officer according to COA findings.

Section11.2.3 The BAC for LGUs shall be composed of the following:
a) One representative each from the regular officers under the Office of the LCE such as, but not limited to, the ff: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices

In the event that the LCE designated the GSO as BAC Member, the GSO might be elected as the BAC Chair...or the designated GSO as BAC Member is prohibited to be elected as Chair since she/he is the procurement officer? Question

Sa tingin ko kung conflict of interest yung BAC chair ka eh di same as BAC member - which would then render questionable the entire provision for LGU BAC. Maybe you could raise the issue to the COA regional office
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Re: BAC Chair designated as Procurement Officer

Post by Guest on Mon Mar 01, 2010 5:00 pm

Prohibitions under the rules;
1. An (HOPE/Representative) approving authority to be a BAC Chair or member
1. A Chief Acct. as a BAC Chair/member under COA rules

Please be guided by these 2 prohibition. kung ung GSO ay may approving authority.

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Re: BAC Chair designated as Procurement Officer

Post by charlie brown on Mon Mar 01, 2010 5:34 pm

Pritong Kandule wrote:Prohibitions under the rules;
1. An (HOPE/Representative) approving authority to be a BAC Chair or member
1. A Chief Acct. as a BAC Chair/member under COA rules

Please be guided by these 2 prohibition. kung ung GSO ay may approving authority.

I think the context of approving authority here is approval of the contract. Kung approval of pass slip lang by the GSO or approval of time cards di naman siguro conflict yan. In a lgu, THE APPROVAL is with the LCE or with the Vice OR WHEN THE ABSENCE IS LESS THAN 3 DAYS with the administrator or anybody authorized by the LCE for the duration of the absence. if the GSO is the OIC during the absence then he cant approve BAC recom during the period. It will have to wait till the LCE arrives or the LCE desiognates another who is not a member of the BAC
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Re: BAC Chair designated as Procurement Officer

Post by engrjhez® on Mon Mar 01, 2010 10:04 pm

Bernadette G. Driza wrote:There is a conflict of interest if the BAC Chair is the procurement officer according to COA findings.

Section11.2.3 The BAC for LGUs shall be composed of the following:
a) One representative each from the regular officers under the Office of the LCE such as, but not limited to, the ff: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices

In the event that the LCE designated the GSO as BAC Member, the GSO might be elected as the BAC Chair...or the designated GSO as BAC Member is prohibited to be elected as Chair since she/he is the procurement officer? Question

As a general rule, "In no case shall the Head of the Procuring Entity and/or the approving authority be the Chairman or a member of the BAC". (Sec.11.2.5)

Tama si Charlie Brown, na it would apply to the context of "who approves" the BAC Recommendation for Award and "who signs" the Contract Agreement. If there is no conflict of interest under the general rule, then being a "procurement officer" (kung ano man ang ibig sabihin natin doon) should not be an issue. Very Happy
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Re: BAC Chair designated as Procurement Officer

Post by msm326 on Mon Mar 01, 2010 10:08 pm

I agree with engrjhez and charlie brown...It is clear also for LGUs that the HOPE is the Local Chief Executive and no other.....
msm326 Very Happy
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Re: BAC Chair designated as Procurement Officer

Post by amang'65 on Tue Mar 02, 2010 7:47 am

as far as the audit observation is concerned i think what you should find out badette (shalll i call you) if your procurement officer is is a third ranking permanent officer, otherwise no where in the RA prohibits the procurement officer being the BAC chairman.
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BAC Chair designated as Procurement Officer

Post by Berna on Tue Mar 02, 2010 3:08 pm

amang1965 wrote:as far as the audit observation is concerned i think what you should find out badette (shalll i call you) if your procurement officer is is a third ranking permanent officer, otherwise no where in the RA prohibits the procurement officer being the BAC chairman.

Maybe that would be one of our justifications to the COA since they might suspend or disallow the procurements (past transactions)

We have now new BAC Chair... Very Happy


Last edited by Bernadette G. Driza on Wed Mar 03, 2010 1:44 pm; edited 1 time in total (Reason for editing : kulang)
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Re: BAC Chair designated as Procurement Officer

Post by msm326 on Tue Mar 02, 2010 4:22 pm

Please be guided with COA circular 03-2010 that sunriser had shared to us....I diligently printing it eventhough it is 625 pages as a guide and tool.
msm326 Very Happy
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BAC Chair designated as Procurement Officer

Post by Berna on Wed Mar 03, 2010 1:42 pm

msm326 wrote:Please be guided with COA circular 03-2010 that sunriser had shared to us....I diligently printing it eventhough it is 625 pages as a guide and tool.
msm326 Very Happy

i really wanted to have it downloaded but it will take me 2 days to download that 625 pages and i'll spend maybe P300.00 load. Crying or Very sad

kindly state the provisions na lang po... Very Happy
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Re: BAC Chair designated as Procurement Officer

Post by Niwram on Wed Mar 03, 2010 3:48 pm

downloading 625 pages will not take 2days.. also why to spend 300 peso load if you can download it in the office beside i think it is for office reference..
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Re: BAC Chair designated as Procurement Officer

Post by msm326 on Wed Mar 03, 2010 4:43 pm

@bernadette
sorry ha pero as far as workload today are concerns medyo loaded kami so I dont have much time to cope with the provisions you want ....
quick visit lang ako lagi sa forum ngayon ...
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Re: BAC Chair designated as Procurement Officer

Post by charlie brown on Wed Mar 03, 2010 5:11 pm

Bernadette G. Driza wrote:There is a conflict of interest if the BAC Chair is the procurement officer according to COA findings.

Section11.2.3 The BAC for LGUs shall be composed of the following:
a) One representative each from the regular officers under the Office of the LCE such as, but not limited to, the ff: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices

In the event that the LCE designated the GSO as BAC Member, the GSO might be elected as the BAC Chair...or the designated GSO as BAC Member is prohibited to be elected as Chair since she/he is the procurement officer? Question

By the way i just noticed that you used the position of procurement officer. As far as I know there is no such item in the IOS for LGUS under LBC 61. If this is only a designation, perhaps it would be prudent if you check the actual position title and if if complies with the ranking and other requirements for membership in the BAC.
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Re: BAC Chair designated as Procurement Officer

Post by sunriser431 on Thu Mar 04, 2010 3:39 pm

Bernadette G. Driza wrote:There is a conflict of interest if the BAC Chair is the procurement officer according to COA findings.

Section11.2.3 The BAC for LGUs shall be composed of the following:
a) One representative each from the regular officers under the Office of the LCE such as, but not limited to, the ff: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices

In the event that the LCE designated the GSO as BAC Member, the GSO might be elected as the BAC Chair...or the designated GSO as BAC Member is prohibited to be elected as Chair since she/he is the procurement officer? Question
Excerpts from RA#6713 (i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.
I suppose this is your concern.
NPM 21-2004
5. What is the role of the General Services Office (GSO) an existing department in our local government office, particularly the Procurement Division, in the present system of procurement?
Based on the above-quoted provision (Section 11.2.2, IRR-A, R.A. 9184), a representative from the GSO can be designated by the local chief executive as a member of the BAC. Moreover, such representative may be elected as the Chairman or Vice-Chairman of the BAC, provided that he holds the position of at least a third (3rd) ranking permanent official.
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Re: BAC Chair designated as Procurement Officer

Post by msm326 on Fri Mar 05, 2010 10:19 am

Thank you guys ...you made me feel comfortable with all your opinions and insights....
msm326 Very Happy
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Re: BAC Chair designated as Procurement Officer

Post by engrjhez® on Sat Jul 24, 2010 9:42 pm

msm326 wrote:Thank you guys ...you made me feel comfortable with all your opinions and insights....
msm326 Very Happy

Hi! Are you the BAC Chair now there? Smile
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Re: BAC Chair designated as Procurement Officer

Post by Bhabes on Mon Aug 02, 2010 2:54 pm

so, can the BAC Chairman be the signatory in the request for quotation which supposed to be the procurement officer?
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Re: BAC Chair designated as Procurement Officer

Post by RDV @ GP3i on Mon Aug 02, 2010 6:15 pm

Bhabes wrote:so, can the BAC Chairman be the signatory in the request for quotation which supposed to be the procurement officer?

One of the functions of the BAC (Sec. 12.1 of IRR) is advertise/post invitation to bid/request for expression of interest. In the exercise of this function, it is the BAC Chair that signs the invitation to bidders. It necessary follows that, under normal circumstances, the RFQ is also signed by the BAC Chairman.

What is the responsibility of the "Procurement Officer" you mentioned? Is the procurement officer you mentioned the head or a member of a procurement unit?

In 2008, DBM issued NBC No. 517, which prescribes the guidelines in the establishment of Procurement Units to institutionalize the functions of such procurement units pursuant to RA 9184 and its IRR. It is applicable to National Government Agencies, like the Bureau of Fire Protection to which Bhabes, I suppose, belong.

Under the said guidelines, procurement units will have four (4) main functions: procurement planning, purchasing, contract management, and procurement monitoring. Depending on the level of procurement budget, a procurement unit could be a service level, only a division level, or a section level. If a service level, its Procurement Planning and Management Division shall concurrently function as the BAC Secretariat. Likewise, under Item 5.11 of the guidelines, the head of the procurement unit shall be a regular member of the TWG. Moreover, agencies are encouraged to designate the head of the procurement unit as as regular member of the BAC if she/he meets the requirements prescribed by the IRR.

On the other hand, under the guidelines of Shopping and Small Value Procurement (GPPB Res. 09-2009 dated 23 Nov 2009), after the decision to resort to any of said alternative methods have been made, the conduct of said alternative methods could be delegated to the appropriate bureau, committee, or support unit duly authorized by the BAC. If, for example, the BAC has delegated that Shopping and SVP be conducted by the procurement unit, then the RFQs could be already be signed by the head of the procurement unit or the procurement officer, in your case.
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Re: BAC Chair designated as Procurement Officer

Post by sunriser431 on Tue Aug 03, 2010 1:16 am

Bhabes wrote:so, can the BAC Chairman be the signatory in the request for quotation which supposed to be the procurement officer?
For similar topic, try this link http://gppb.topicsolutions.net/sample-forms-f20/request-for-quotation-t905.htm#6638 bounce
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Re: BAC Chair designated as Procurement Officer

Post by Rosalie A. Pelle on Thu Jan 07, 2016 12:20 pm

Further Query: If the Procurement Officer is the BAC Chair/Member, is he/she entitled to honorarium or overtime pay?  DBM guidelines prohibit giving honoraria to Procurement Officer acting as BAC Secretariat.  Is this also applies if he/she acts as BAC Chair/Member?

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Re: BAC Chair designated as Procurement Officer

Post by marsgera on Fri Jan 08, 2016 11:59 am

Posted from Facebook...
https://www.facebook.com/ra9184gpra/?fref=ts

Q: Good day and Happy New Year to you and to the GPPB!
I would like to request for clarification on one thing. I am an Officer-In-Charge of the Supply and Property Office of the Cavite State University since January 2015. We have no procurement unit, the reason why the Supply and Property Office is the one doing the procurement functions. We have a separate BAC for transactions with ABC of P500,000 and above (public bidding). As an OIC of the Supply and Property Office, I am also designated as member of BAC.
My clarification is that, am I allowed to received honoraria as BAC member? Our former Supply Officer, who happened to be a former BAC member also during her time did not received honoraria, instead, she was allowed to receive overtime pay only. According to our Internal Auditor, this is so because it is inherent to the position of Supply Officer to do the procurement function. Is she correct?
I have read the guidelines on the grant of honoraria to government personnel involved in procurement and that I cannot see any provision that a Supply Officer is not entitled to honoraria as BAC member.
Please advise. Thank you very much for your kind help.[/quote]
A: Yes. As BAC member you are entitled to receive honoraria. There is no basis in depriving a BAC member of honoraria on the ground that the BAC member's position of Supply Officer is procurement related. Such rule applies exclusively to the members and head of BAC Secretariat and could not be extended to BAC members.

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