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BAC / TWG composition

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BAC / TWG composition

Post by ma.vina on Fri May 29, 2009 12:37 pm

Our local chief executive appointed just recently members of the BAC but one is a private secretary and the executive order appointing these members include the designation of the BAC chairman (which is supposed to be elected among the appointed members) and the members of the technical working group are by no means technical because they are in the general services office and have no technical backgrounds. Are these legal moves legal? can the LCE be rebuked on these matters?
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Re: BAC / TWG composition

Post by brucewayne on Fri May 29, 2009 5:36 pm

The designation of a Private Secretary as BAC member is not in accordance with Section 11.2.2 of Rule V of R.A. 9184 because the plantilla position is under the Office of the LCE and not coming from the regular offices under the LCE. Please take note that TWGs shall be created by the BAC and not thru an EO of the LCE which shall come from a pool of technical, financial and legal experts of the LGU. I believe employees under the GSO have technical backgrounds with regards to procurement. All they have to do is to read the GPRA and attend seminars so they will be updated or tell them to log in on this forum. Tell your LCE to appoint the Private Secretary to chair the BAC Secretariat.
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Re: BAC / TWG composition

Post by engrjhez® on Sun May 31, 2009 3:10 pm

ma.vina wrote:Our local chief executive appointed just recently members of the BAC but one is a private secretary and the executive order appointing these members include the designation of the BAC chairman (which is supposed to be elected among the appointed members) and the members of the technical working group are by no means technical because they are in the general services office and have no technical backgrounds. Are these legal moves legal? can the LCE be rebuked on these matters?
As long as you have legal basis (and guts Very Happy), you can always remind the LCE that he/she shall be responsible for his/her "unlawful" actions. Rule V of the IRR (as amended) of RA.9184 shall provide the comprehensive details on the BAC Structure, as well as the Secretariat, TWG, Observers, and other policies. I am sure when the LCE is enlightened, appropriate actions shall be undertaken immediately to correct the issues. COA is always there naman to observe.

Ok lang naman minsan magkamali - tao lang din naman sila. geek
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Re: BAC / TWG composition

Post by sunriser431 on Mon Jun 01, 2009 3:44 pm

ma.vina wrote:Our local chief executive appointed just recently members of the BAC but one is a private secretary and the executive order appointing these members include the designation of the BAC chairman (which is supposed to be elected among the appointed members) and the members of the technical working group are by no means technical because they are in the general services office and have no technical backgrounds. Are these legal moves legal? can the LCE be rebuked on these matters?

To enhance the tranparency of the procurement process a representative from COA shall sit in all stages procurement proceedings as observer. How would COA auditor respond to this situation? In applying the principle of accountability any party including COA can question the BAC structure for not following the guidelines set forth in the GPRA. Smile
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Re: BAC / TWG composition

Post by ma.vina on Thu Jun 04, 2009 12:28 pm

Sigh...i never neglected to remind our LCE of his wanton appointments to the BAC and it has fallen on deaf ears...i think his better half dictates his actions...and she almost always gets what she wants. Sometimes we are thankful that we only voted for one LCE and two are serving us...they have a dummy company who transacts with the lgu for almost all that involves procurement...and the BAC (?) has to toe the line or else...
With regards to the COA, we always invited them but they are not interested and only on one bid opening did they attend and that's it. In that bid opening there was one bidder who was so irritating that we questioned the COA representative about it but he only said that he cannot interfere with the arguments being discussed.
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Re: BAC / TWG composition

Post by engrjhez® on Thu Jun 04, 2009 6:16 pm

sunriser431 wrote:
To enhance the tranparency of the procurement process a representative from COA shall sit in all stages procurement proceedings as observer. How would COA auditor respond to this situation? In applying the principle of accountability any party including COA can question the BAC structure for not following the guidelines set forth in the GPRA. Smile
The COA cannot (and must not) make an outright intervention during the procurement process. Based on their observations, and only when a violation is committed should they issue an "Audit Observation Memorandum". The BAC shall respond to justify (or accept) the observations.
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