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BAC COMPOSITION

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BAC COMPOSITION

Post by gracefanged on Sat Feb 14, 2009 8:24 pm

CAN A STAFF OF ACCOUNTING UNIT BE A CHAIRMAN OF BAC SECRETARIAT?

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Re: BAC COMPOSITION

Post by engrjhez® on Wed Feb 18, 2009 9:44 pm

I would like to quote the entry in the GPPB FAQs:

"Personnel from the accounting office, including the Chief Accountant, cannot be members of the BAC, except in cases where the accounting office is the end-user unit requesting for a particular procurement (COA Circular 2003-004, July 2003)"

This is also true on the Secretariat being the main support unit of BAC. The reason is plain and simple: CHECK and BALANCE. Seating on BAC or the Secretariat may introduce direct or indirect influence on the procurement/bidding process because it will later pass thru the Accounting Office for checking and payment. In the same principle that the "Head of the Procuring Entity" cannot be the Chairman of the BAC that recommends the award, the approving body cannot be the same as the recommending body.
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BAC COMPOSITION

Post by venom.0420 on Fri Feb 20, 2009 11:47 am

From the agency I am from, our Finance representative come from our accounting office. Our COA auditor, does not and did not issue any audit observation memo on the matter. I believe, our office used the principle of check and balance as a defense. The one they assign as a member of the BAC purely handles the agency's books of accounts and does not perform any work related in the processing of any claims thus, preventing him/her to influence such process. This was also done based from experience in the past, that when our BAC, majority are engineers, does not have any personnel from the accounting office as one of its members, a lot of errors in the bidding process were discovered and repetitive violations in RA 9184 were committed. In fact, it's the first time I met an engineer who is very knowledgeable in RA 9184 as you.

Laughing
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Re: BAC COMPOSITION

Post by engrjhez® on Fri Feb 20, 2009 11:15 pm

I would take that as a compliment though it isn't purely exacting. We do commit errors and mistakes too as you pointed out. In fairness with fellow engineers, the type of job the BAC required is nearest to administrative than being technical. Finance and accounting personnel can easily adapt because of their academic and work preparations. Engineers on the other hand were trained differently to handle the same. Accounting is to accuracy while engineering is to precision.

As for your example, i would like to apologize carelessly generalizing the rule. Of course, the prohibition covers those who approve the vouchers that may result in conflict of interest. Although discouraged, they may continue to perform BAC functions as long as the check and balance principle is conserved.

Keep the flame...yeah! Surprised
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Re: BAC COMPOSITION

Post by Mikel on Thu Mar 12, 2009 1:18 pm

Accountants or their staff may be designated as the head the BAC Secretariat of the procuring entity. Considering that the function of the secretariat is purely administrative (clerical, may be) in nature, the 'fear' of direct/ indirect influence does not come into the picture. The decisions/ actions of the BAC are arrived at/ decided by the members of the BAC in a collegial manner without any interference from the members of the secretariat, thus, in my opinion, the principle of check and balance is not applicable.

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Re: BAC COMPOSITION

Post by engrjhez® on Thu Mar 12, 2009 1:56 pm

This is taken from the GPPB FAQ's:
Q: Why is an official from the Accounting Department prohibited from being a member of the BAC?
A: This is to avoid any undue influence in the proper disbursement and recording of funds considering that the Accounting Department is responsible for the release of funds from the public coffers, and to avoid possible tampering of documents and accounting entries in cases of investigation, since the Accountant is the custodian of the documents attached to the disbursement voucher and accounting records.

As referring to link
http://www.gppb.gov.ph/cgi-bin/faq/faq_2.asp?fcat_id=22&offset=30

and consequently,
Q: Can the Chief Accountant act as member of the BAC Secretariat?
A: No. Although, there is no direct prohibition under R.A. 9184 and its IRR-A, Chief Accountants are discouraged from being BAC members to prevent any conflict of interest as contained in COA Circular 2003-004, dated July 2003.

Related to this link [url=[url=http://www.gppb.gov.ph/cgi-bin/faq/faq_2.asp?

As you have pointed out, purely clerical suggests partial custodianship and documentations. Holding Secretariat position and accounting jobs don't favorably mix when pertaining to government procurement.

Very Happy


Last edited by engrjhez on Fri Mar 13, 2009 8:45 pm; edited 1 time in total (Reason for editing : wrong tense)
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Re: BAC COMPOSITION

Post by RDV @ GP3i on Thu Mar 12, 2009 2:19 pm

Since the prohibition on Accountants and those coming from the accounting department from being regular members of the BAC is a COA issuance, I think, mikel, who is from COA, is correct in his opinion that the prohibition does not apply to being a head/member of the BAC Secretariat.

Also, the Accountant or those from the accounting department, is not prohibited from being Chair/member of the TWG. The experience of venom that "a lot of errors in the bidding process were discovered and repetitive violations in RA 9184 were committed" because majority of the BAC members are engineers, could be solved if the Accountant/staff of accounting department is part of the TWG.
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Re: BAC COMPOSITION

Post by Mikel on Thu Mar 12, 2009 4:33 pm

As expressly pointed out in the FAQs - "there is no direct prohibition under R.A. 9184 and its IRR-A" re: Accountants or their staff as members of the BAC secretariat, the same can be made wtihout violating any provisions of the law. Unless expressly prohibited by law, the desgination of these employees to the said position cannot be questioned by our Office or by any party for that matter. Anyway, issues of conflict of interest or direct/indirect influence is best addressed to the (moral/ethical?) judgment of the employees concerned if their membership to the BAC secretariat is questioned.

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Re: BAC COMPOSITION

Post by engrjhez® on Thu Mar 12, 2009 9:25 pm

Now, I'm really confused. I agree that accountants may stand in the way as TWG. But if they (accountants) will also "inhabitate" the Secretariat, i think check and balance is compromised (except for the cases when the accounting staff does not approve vouchers).

Advertisement:
Can someone also answer my query in the other topic?( click the link below)
http://gppb.forumotion.com/general-considerations-f7/obr-prior-to-bidding-t37.htm#116
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Re: BAC COMPOSITION

Post by RDV @ GP3i on Fri Mar 13, 2009 9:38 am

engrjhez wrote:Now, I'm really confused. I agree that accountants may stand in the way as TWG. But if they (accountants) will also "inhabitate" the Secretariat, i think check and balance is compromised (except for the cases when the accounting staff does not approve vouchers).

Can you site a specific example where check and balance is compromised if an Accountant/staff of accounting department is designated as Head/member of the BAC Secretariat?

engrjhez wrote:Advertisement:
Can someone also answer my query in the other topic?( click the link below)
http://gppb.forumotion.com/general-considerations-f7/obr-prior-to-bidding-t37.htm#116

If nobody answers your query, I will try to venture on this the next time around. (Medyo busy lang preparing for some presentation materials. I had been invited by the Phil. Assn. of GSOs-Calabarzon as resource person in their regional conference on Mar. 18 to discuss updates on GPRA particularly on possible amendments to the IRR-A. I am pressed for time because I will be on leave before that.)
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CAN A STAFF OF ACCOUNTING UNIT BE A CHAIRMAN OF BAC SECRETARIAT?

Post by shobe on Wed Mar 18, 2009 11:07 am

gracefanged wrote:CAN A STAFF OF ACCOUNTING UNIT BE A CHAIRMAN OF BAC SECRETARIAT?

"Personnel from the accounting office, including the Chief Accountant, cannot be members of the BAC, except in cases where the accounting office is the end-user unit requesting for a particular procurement (COA Circular 2003-004, July 2003)"

Yes. I think the circular is pretty clear: The prohibition speaks only of membership in the Bids and Awards Committee. I have to disagree with engrjhez (peace sir!) that the check and balance principle is compromised if an employee from the accounting office is designated as a member of the BAC Secretariat, considering that the BAC Secretariat is primarily tasked to simply provide administrative support to the BAC and TWG.


Last edited by dlsn on Wed Mar 18, 2009 12:12 pm; edited 1 time in total (Reason for editing : Intricately connected to a prior post of the same user)
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Re: BAC COMPOSITION

Post by engrjhez® on Wed Mar 18, 2009 5:10 pm

shobe wrote:
gracefanged wrote:CAN A STAFF OF ACCOUNTING UNIT BE A CHAIRMAN OF BAC SECRETARIAT?

"Personnel from the accounting office, including the Chief Accountant, cannot be members of the BAC, except in cases where the accounting office is the end-user unit requesting for a particular procurement (COA Circular 2003-004, July 2003)"

Yes. I think the circular is pretty clear: The prohibition speaks only of membership in the Bids and Awards Committee. I have to disagree with engrjhez (peace sir!) that the check and balance principle is compromised if an employee from the accounting office is designated as a member of the BAC Secretariat, considering that the BAC Secretariat is primarily tasked to simply provide administrative support to the BAC and TWG.

I would like to reserve my argument soon as I have assessed the safety of my statement. I would like to present an example in the most objective manner as I could (in the check and balance principle).

But no problem with disagreeing. We are free to speak. Anyway, freedom itself is not absolute, so why stay on one idea? Very Happy
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Re: BAC COMPOSITION

Post by engrjhez® on Wed Jun 24, 2009 1:34 am

I already extended the discussion on this one here.

Just want to clarify, why does the GPPB categorically answered "NO" but not exactly NO in particular when asked in the FAQs?

Q: Can the Chief Accountant act as member of the BAC Secretariat?
A: No. Although, there is no direct prohibition under R.A. 9184 and its IRR-A, Chief Accountants are discouraged from being BAC members to prevent any conflict of interest as contained in COA Circular 2003-004, dated July 2003.


Please remove or rephrase it because it is somewhat confusing. Very Happy

Q&A No.137 http://www.gppb.gov.ph/cgi-bin/faq/faq_2.asp?fcat_id=22&offset=130
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Re: BAC COMPOSITION

Post by pianista on Tue Jul 26, 2011 2:11 pm

PLEASE HELP..!!!!

CAN A SECRETARY TO THE SANGGUNIANG BAYAN QUALIFIED AS BAC Member? many thanx.....


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Re: BAC COMPOSITION

Post by engrjhez® on Tue Jul 26, 2011 8:33 pm

pianista wrote:PLEASE HELP..!!!!

CAN A SECRETARY TO THE SANGGUNIANG BAYAN QUALIFIED AS BAC Member? many thanx.....


Welcome to the forum 'pianista'!

This was already asked and answered in this link >>> http://gppb.forumotion.com/t707-sb-secretary-to-be-designated-as-bac-member?highlight=secretary

Smile
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Re: BAC COMPOSITION

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