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Membership to the BAC of Officers of a cooperative of an agency

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Membership to the BAC of Officers of a cooperative of an agency

Post by fe a. araya on Sun Sep 26, 2010 11:46 am

May I know what specific provision in the IRR or any law, perhaps COA rules and regulations, that prohibits or allow officers of an employee cooperative to become members of the BAC of the same agency. The scenario may be like this: The cooperative participates in the requests for quotations for catering services for the agency and it so happen that some of the officers (say, Board of Directors) are at the same time BAC members so as members, they sign in the Abstract of Award. Will this not be a conflict of interest?
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by jcolas on Sun Sep 26, 2010 5:18 pm

The cooperative participates in the requests for quotations for catering services for the agency and it so happen that some of the officers (say, Board of Directors) are at the same time BAC members so as members, they sign in the Abstract of Award. Will this not be a conflict of interest?

The mere fact that the Board of Directors will be signing in the Abstract of Bids as they are also members of the BAC is conflict of interest in itself. What the members of the BAC who are also Board of Directors should do is not to participate in the opening of the RFQ and let the alternate BAC members do the job. That is my opinion but I hope other forum members butt in.
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by fe a. araya on Mon Sep 27, 2010 7:49 pm

Thanks, sir jcolas. Same opinion here. But perhaps some members can feedback also.
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by sunriser431 on Mon Sep 27, 2010 8:47 pm

fe a. araya wrote:May I know what specific provision in the IRR or any law, perhaps COA rules and regulations, that prohibits or allow officers of an employee cooperative to become members of the BAC of the same agency. The scenario may be like this: The cooperative participates in the requests for quotations for catering services for the agency and it so happen that some of the officers (say, Board of Directors) are at the same time BAC members so as members, they sign in the Abstract of Award. Will this not be a conflict of interest?
For similar topic try this LINK bounce
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by jcolas on Mon Sep 27, 2010 9:26 pm

You are most welcome maam fe!!! Sir sunriser, the link you provided discusses the financial capability of a cooperative to deliver, while Maam fe a. araya's question is more on the conflict of interest issue. As I have posted, the persons concerned should not participate. If they do, they will be the same person who will award the contract and Conflict of Interest sets in.
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by sunriser431 on Mon Sep 27, 2010 9:41 pm

jcolas wrote:xxxxx Sir sunriser, the link you provided discusses the financial capability of a cooperative to deliver, while Maam fe a. araya's question is more on the conflict of interest issue. As I have posted, the persons concerned should not participate. If they do, they will be the same person who will award the contract and Conflict of Interest sets in.
consider page 2 of the LINK I have provided.
Ligaw na Binatog wrote:
We should also consider the provisions of conflict of interest here. Under Section 47 it provides that the bidder is not related to the HOPE, BAC,TWG etc... and END-USER.

If the provision prohibits relatives of those provided under the rules how much more if they are the same person?

If the employees of the agency who are also member of the COOP must be disqualified under the rule..
agree and no further commend bounce
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by fe a. araya on Tue Sep 28, 2010 11:56 am

Thank you guys. Hello, LGB! Kala ko naligaw ka na. I haven't heard from you lately. Well said, but medyo may apprehension pa rin. What if these coop officers/BAC members argue that Section 47 refers only to relatives (by consanguinity or affinity up to the 3rd civil degree) which they may further argue that they are not (relatives) and what is not explicitly expressed in the law will not be applicable to them. Sakin lang ciguro DELIKADESA NA LANG.

Perhaps somebody from the COA can help us.
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by sunriser431 on Wed Sep 29, 2010 9:03 pm

fe a. araya wrote:Thank you guys. Hello, LGB! Kala ko naligaw ka na. I haven't heard from you lately. Well said, but medyo may apprehension pa rin. What if these coop officers/BAC members argue that Section 47 refers only to relatives (by consanguinity or affinity up to the 3rd civil degree) which they may further argue that they are not (relatives) and what is not explicitly expressed in the law will not be applicable to them. Sakin lang ciguro DELIKADESA NA LANG.
Perhaps somebody from the COA can help us.
Hi Ma'am Fe, actually I quote the opinion of LNB from the previous thread. Please read carefully the previous post. Smile Peace
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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by redgee34 on Sat Nov 22, 2014 8:49 pm

I am researching and still can't find some notes. If you have some experience with the same situation please share.

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Re: Membership to the BAC of Officers of a cooperative of an agency

Post by Abecedarian on Mon Nov 24, 2014 9:38 am

A ‘conflict of interest’ involves a conflict between the public duty and private interests of a public official, in which the public official has private ... interests which could improperly influence the performance of their official duties and
responsibilities.
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Re: Membership to the BAC of Officers of a cooperative of an agency

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