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Section 47 (Disclosure of Relations)

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Re: Section 47 (Disclosure of Relations)

Post by RDV @ GP3i on Mon Jan 31, 2011 12:29 pm

zed wrote:Section 47. Disclosure of Relations
All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the
Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the
head of the PMO or the end-user unit, and the project consultants, by consanguinity or
affinity up to the third civil degre
e. Failure to comply with the aforementioned provision
shall be a ground for the automatic disqualification of the bid in consonance with Section 30
of this IRR. For this reason, relation to the aforementioned persons within the third civil
degree of consanguinity or affinity shall automatically disqualify the bidder from participating
in the procurement of contracts of the procuring entity. On the part of the bidder, this
provision shall apply to the following persons:

" I HAVE A QUERY ON THIS MATTER..I WOULD LIKE TO ASK IF THIS REVISED PROVISION IS APPLICABLE TO THE ACCOUNTANT OF OUR MUNICIPALITY, HE IS NOT MEMBER OF THE BAC NOR PART OF BAC SECRETARIATE OR TWG BUT AS A HUSBAND OF YOUNGER SISTER OF ONE OF THE BIDDER THAT PARTICIPATED ON THE BIDDING IN OUR MUNICIPALITY IS HE RELATED TO SECOND DEGREE OF AFFINITY TO THIS BIDDER?

The Accountant is related within the 2nd degree of affinity with the bidder considering that he is the husband of the sister of the bidder. However, the Accountant is not covered by Section 47 (Disclosure of Relations) of the IRR, as the Accountant, as you said, is neither a member of the BAC, TWG, BAC Secretariat, head of PMO or end-user unit. He is also not the HOPE or a project consultant, all of which the bidder is prohibited to be related with within the 3rd degree of consanguinity or affinity.
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Re: Section 47 (Disclosure of Relations)

Post by engrjhez® on Mon Jan 31, 2011 1:03 pm

zed wrote:Section 47. Disclosure of Relations
All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the
Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the
head of the PMO or the end-user unit, and the project consultants, by consanguinity or
affinity up to the third civil degre
e. Failure to comply with the aforementioned provision
shall be a ground for the automatic disqualification of the bid in consonance with Section 30
of this IRR. For this reason, relation to the aforementioned persons within the third civil
degree of consanguinity or affinity shall automatically disqualify the bidder from participating
in the procurement of contracts of the procuring entity. On the part of the bidder, this
provision shall apply to the following persons:

" I HAVE A QUERY ON THIS MATTER..I WOULD LIKE TO ASK IF THIS REVISED PROVISION IS APPLICABLE TO THE ACCOUNTANT OF OUR MUNICIPALITY, HE IS NOT MEMBER OF THE BAC NOR PART OF BAC SECRETARIATE OR TWG BUT AS A HUSBAND OF YOUNGER SISTER OF ONE OF THE BIDDER THAT PARTICIPATED ON THE BIDDING IN OUR MUNICIPALITY IS HE RELATED TO SECOND DEGREE OF AFFINITY TO THIS BIDDER?

The Accountant in the case above is NOT covered by Section 47. Smile
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Re: Section 47 (Disclosure of Relations)

Post by fe a. araya on Tue Feb 01, 2011 10:55 am

Hello guys! I was trying to understand the series of posts bout the issue on cooperatives pero di kinaya ng utak ko or di ko na absorb lahat (below ba ko or just natamad lang hehe) Anyway, one clarification lang pls. Can officers of a cooperative (actually some are Board of Directors) be at the same time members of the BAC? Gaya nga ng sinabi ni riddler, ung cooperative ay involved sa catering services in the office (or "cornering the meals and snacks") and even if it is thru Shopping and sometimes SVP, still these officers of the cooperative signs the Abstract of Awards as members also of the BAC. Would it not be conflict of interest?
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Re: Section 47 (Disclosure of Relations)

Post by msm326 on Wed Feb 02, 2011 8:11 am

I agree with you Miss Fe , basically he or she should not signs any docs pertaining to procurement of any modes .
msm326 Very Happy
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Re: Section 47 (Disclosure of Relations)

Post by jcolas on Wed Feb 02, 2011 10:20 am

"Atty shobe wrote"

"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.

Following this liine of thought, their exist a conflict of interest when these Board of Directors of the cooperative which is involved in catering services signs also as members of the BAC. The honorable thing for these Board of Directors to do is to inhibit themselves whenever their cooperative are awarded a catering service contract.
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Re: Section 47 (Disclosure of Relations)

Post by fe a. araya on Wed Feb 02, 2011 3:01 pm

Thanks, msm and sir jcolas for that input. Perhaps, what the HOPE can do is to create special BAC particularly for catering services in cases where the existing BAC Chairman and members are officers of a cooperative who engage in such services in the agency.

Also, I think there is an existing COA Circular on this matter. I just cant recall the specific # and date.
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