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BAC members as Inspection Committee

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BAC members as Inspection Committee

Post by fe a. araya on Fri Apr 09, 2010 4:25 pm

Clarification lang pls. Can members of the BAC be at the same time the designated members of the Inspection Committee for the procurement of goods and services? An actual case is in one of our field offices where the members of the BAC are also designated Inspection Committee members.
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Re: BAC members as Inspection Committee

Post by jcolas on Fri Apr 09, 2010 11:42 pm

Good Evening fe a. araya;

To me, it depends. If the office can get other personnel who can be members of the Inspection Committee, well in good. But if the office can not spare other personnel who can be members of the Inspection Committee as that Office has limited number of personnel , then their is no other recourse but to ask members of the BAC to be the members of the said committee. That is multi-tasking. If your apprehension is that their might be conflict of interest, I believe their is none as the role of the BAC is just to recommend the award while that of the Inspection Committe is to inspect the deliveries being made. That is my opinion and it would be nice if we can get the opinions of other procurement practitioners.
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Re: BAC members as Inspection Committee

Post by engrjhez® on Sat Apr 10, 2010 12:15 am

fe a. araya wrote:Clarification lang pls. Can members of the BAC be at the same time the designated members of the Inspection Committee for the procurement of goods and services? An actual case is in one of our field offices where the members of the BAC are also designated Inspection Committee members.

In my opinion, the BAC, being both quasi-legislative and quasi-judicial in the nature of their existence, should NOT be involved on executive actions and internal-auditing process. As a general rule, there should always be "check and balance". I believe since the BAC already have adjudicated on the procurement process, they should NOT participate in the inspection of the same even if it involves their department/units as end-user. Very Happy
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Re: BAC members as Inspection Committee

Post by sunriser431 on Sat Apr 10, 2010 7:45 am

In addition to engrjhez opinion, although there is no direct prohibition, it would be best and in the interest of the personnel not to involve in such situation, so to preserve and maintain his/her independence to the assign task. bounce
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Re: BAC members as Inspection Committee

Post by RDV @ GP3i on Sat Apr 10, 2010 9:31 am

There could be conflict of interest if the BAC members are designated members of Inspection Committee also.
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Re: BAC members as Inspection Committee

Post by sunriser431 on Sat Apr 10, 2010 2:16 pm

For information purpose only
excerpt from the 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. chan robles virtual law library. Smile
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BAC members as Inspection Committee

Post by fe a. araya on Sun Apr 11, 2010 11:53 am

Thank you, guys for that prompt reply. Actually, before I posted, I am toying the idea of recommending to the field office concern to just designate the BAC TWG (specific for the procurement at hand) to be members of the Inspection Committee with the end-user as one of the members or for small procurement of supplies and materials, they can designate other personnel to be the regular Inspection Committee depending on the goods and services to be procured. For example, for IT equipment, one member should be somebody who has knowledge in these equipment; for repair of vehicle/aircon, etc., perhaps somebody from the GSS.

I think the TWG may be utilized as the Inspection Committee considering that they were the ones who prepared the technical specifications/TOR/Scope of Work especially for procurement subject of bidding, hence they are more in the position to conduct the inspection of goods and services delivered to determine if the specifications/requirements were met.

I hope we are in the right track. But your input is another learning for me. Sabi nga, two (or more) heads are better than one.
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Re: BAC members as Inspection Committee

Post by charlie brown on Tue Apr 13, 2010 1:02 pm

fe a. araya wrote:Clarification lang pls. Can members of the BAC be at the same time the designated members of the Inspection Committee for the procurement of goods and services? An actual case is in one of our field offices where the members of the BAC are also designated Inspection Committee members.

I cannot find any direct prohibition under RA 9184 for a BAC member to be a member of the Inspection Committee. However, prudence would dictate that the person setting the requirements for the inspections and test in the bid docs should not be the same person to decide whether such tests were indeed hurdled. My take is that if the PE can avoid it, then it should not designate the same person as a BAC member and a member of the Inspection Committee.
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Re: BAC members as Inspection Committee

Post by jcolas on Tue Apr 13, 2010 2:28 pm

I agree with all the post on the difficulty of tapping a BAC Member to act as an inspector, but in a secondary school where there is a limited number of personnel to be tapped to do a specific function and without direct prohibition on A BAC Member doing the inspection function, the principal/HOPE has no recourse but to ask his personnel to multi=task.
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Re: BAC members as Inspection Committee

Post by sunriser431 on Tue Apr 13, 2010 10:51 pm

jcolas wrote:I agree with all the post on the difficulty of tapping a BAC Member to act as an inspector, but in a secondary school where there is a limited number of personnel to be tapped to do a specific function and without direct prohibition on A BAC Member doing the inspection function, the principal/HOPE has no recourse but to ask his personnel to multi=task.
If given the choice, I 'll rather be member of the BAC, at least free legal assistance (Thanks to GPPB Resolution No.21-2005 for the guidelines), in case of future legal actions may arise in the performance of the assign task, not unlike member of the Inspection commitee team. Be affraid be very affraid (no offense intended)
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Re: BAC members as Inspection Committee

Post by charlie brown on Thu Apr 15, 2010 11:24 am

jcolas wrote:I agree with all the post on the difficulty of tapping a BAC Member to act as an inspector, but in a secondary school where there is a limited number of personnel to be tapped to do a specific function and without direct prohibition on A BAC Member doing the inspection function, the principal/HOPE has no recourse but to ask his personnel to multi=task.

as a precautionary measure sir, i suggest that you discuss the matter with your resident auditor also. all the best
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Re: BAC members as Inspection Committee

Post by sunriser431 on Thu Apr 15, 2010 10:08 pm

charlie brown wrote:
jcolas wrote:I agree with all the post on the difficulty of tapping a BAC Member to act as an inspector, but in a secondary school where there is a limited number of personnel to be tapped to do a specific function and without direct prohibition on A BAC Member doing the inspection function, the principal/HOPE has no recourse but to ask his personnel to multi=task.

as a precautionary measure sir, i suggest that you discuss the matter with your resident auditor also. all the best
agree, bounce
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Re: BAC members as Inspection Committee

Post by msm326 on Mon Apr 19, 2010 10:33 am

very informative topic...agree to all
msm326 Very Happy
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