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BAC Member Composition, Is it Mandatory?

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BAC Member Composition, Is it Mandatory?

Post by von_lexus on Tue Jul 21, 2009 12:55 am

It is stated in the IRR "BAC Composition" that a member should be ... "to the extent possible" a representative from legal and finance. Is it okay if a regular member would be coming from other office/s other than finance division? please advice.....
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Re: BAC Member Composition, Is it Mandatory?

Post by engrjhez® on Tue Jul 21, 2009 7:49 am

von_lexus wrote:It is stated in the IRR "BAC Composition" that a member should be ... "to the extent possible" a representative from legal and finance. Is it okay if a regular member would be coming from other office/s other than finance division? please advice.....
Welcome to the forum, von_lexus!

The context of the BAC qualifications as delivered in the IRR shows that what is more important is "...knowledge, experience, and/or expertise in procurement..." (aside from ranking criteria). The term "...to the extent possible..." would mean at least you are performing functions as to the legal or finace sector or it nearest affiliate (if not equivalent) office under the department/bureau. I am not familiar of such offices under NGAs (considering I am from LGU) you might want to query about. Perhaps you could elaborate more. Please take note that the above qualifications are for NGAs only.
Very Happy
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Re: BAC Member Composition, Is it Mandatory?

Post by von_lexus on Tue Jul 21, 2009 10:24 am

The term "...to the extent possible..." would mean at least you are performing functions as to the legal or finace sector or it nearest affiliate (if not equivalent) office under the department/bureau.

Thank u engrjhez for the advice. Please correct my understanding on "....to the extent possible", that a member SHOULD BE or MAYBE coming from finance? Would it be possible to assign a non-finance member if the chief finance,himself inhibits to be a member?
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Re: BAC Member Composition, Is it Mandatory?

Post by engrjhez® on Tue Jul 21, 2009 10:44 am

von_lexus wrote:The term "...to the extent possible..." would mean at least you are performing functions as to the legal or finace sector or it nearest affiliate (if not equivalent) office under the department/bureau.

Thank u engrjhez for the advice. Please correct my understanding on "....to the extent possible", that a member SHOULD BE or MAYBE coming from finance? Would it be possible to assign a non-finance member if the chief finance,himself inhibits to be a member?
It SHOULD BE. However, as i have mentioned, the context does not restrict any single related/affiliate function as to legal or financial sector. The situation when the chief finance inhibits is a question of subordination to the appointment of the HOPE. As civil servants, we do not hold our discretion to the acceptance of functions as long as it is in accordance with the law. Anyway, if inhibition persists, the term "to the extent possible" shall be applied. Very Happy
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Re: BAC Member Composition, Is it Mandatory?

Post by RDV @ GP3i on Tue Jul 21, 2009 1:46 pm

von_lexus wrote:It is stated in the IRR "BAC Composition" that a member should be ... "to the extent possible" a representative from legal and finance. Is it okay if a regular member would be coming from other office/s other than finance division? please advice.....

The answer is a definite YES. I think, the IRR provision provides a guide to the HOPE (particularly NGAs, GOCCs, SUCs and GFIs) that, as much as possible, in the selection of BAC membership, put somebody from the legal department and finance department. There would be some legal questions in the implementation of the law that with somebody from the legal department (meaning a lawyer) the point of view of a lawyer is readily available. A BAC member with a finance background would also provide the needed expertise on financial matters. (However, in a subsequent COA Circular, Accountants and those from the accounting departments, have been prohibited from membership in the BAC. However, also, finance department does necessarily refer to the accounting department.)

The provision is "to the extent possible", hence, if it is not possible, for one reason or another, then, the HOPE can designate those from other departments. As correctly pointed out by engrjhez, the HOPE should be guided that in the designation "knowledge, experience and expertise" should be primordial consideration.
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Re: BAC Member Composition, Is it Mandatory?

Post by von_lexus on Tue Jul 21, 2009 11:12 pm

"As correctly pointed out by engrjhez, the HOPE should be guided that in the designation "knowledge, experience and expertise" should be primordial consideration
."


thanx sirs, engrjhez and RDV.

"knowledge, experience and expertise" ---- in what specific field?
Procurement process or financial/legal management?



The situation when the chief finance inhibits is a question of subordination to the appointment of the HOPE. As civil servants, we do not hold our discretion to the acceptance of functions as long as it is in accordance with the law.

Hypothetical situation:

the Chief legal/ Chief finance had tendered his/her resignation as a regular member for the reason--- end of his/her fixed term(1 year) and there is no other member who would want to replace him/her.


Questions:
That was not Insubordination, isn't it?
Who would you think is the best replacement for him/her, if none would qualify in "expertise, knowledge and experience" criteria?


I really appreciate your advices, thanx.....
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Re: BAC Member Composition, Is it Mandatory?

Post by engrjhez® on Wed Jul 22, 2009 7:57 am

von_lexus wrote:
"As correctly pointed out by engrjhez, the HOPE should be guided that in the designation "knowledge, experience and expertise" should be primordial consideration
."


thanx sirs, engrjhez and RDV.

"knowledge, experience and expertise" ---- in what specific field?
Procurement process or financial/legal management?
... in procurement (please refer to the previous post). The affiliation as to legal or finance is just a baseline preparation of what he/she could offer to understand procurement even better as it applies to work in the government. Very Happy

von_lexus wrote:
The situation when the chief finance inhibits is a question of subordination to the appointment of the HOPE. As civil servants, we do not hold our discretion to the acceptance of functions as long as it is in accordance with the law.

Hypothetical situation:

the Chief legal/ Chief finance had tendered his/her resignation as a regular member for the reason--- end of his/her fixed term(1 year) and there is no other member who would want to replace him/her.

Questions:
That was not Insubordination, isn't it?
Who would you think is the best replacement for him/her, if none would qualify in "expertise, knowledge and experience" criteria?
Insubordination shall be the question, not the state. It would be insubordination if he/she could not justify fairly the reason why he/she is declining from a position set mandatory by law (due process). And why would others also decline from accepting it? All of them must answer to the Head of the Procuring Entity. As a suggestion, you first make a list of all plantilla personnel qualified as to the required rankings, then "saka na silipin kung saang office, etc). You could easily make a roll call after you have pre-raked them as to nearest affiliation to fiannce and/or legal sector.

In our case (LGU), finance sector can be identified as any of the Budget, Treasury or Accounting Office. But the extent of finance sector may even be coming from Business Permits and Licensing, Livelihood, Social Welfare Services, Assessor's Office because their functions have finance components with it. Further, offices like the Engineering, Building Official, Planning athough technical in nature is also involved in infrastructure implementation and local taxation, and preparation of investment plans. Anyone under such "umbrella" offices may be designated for the BAC, provided he/she has knowledge, experience and expertise in procurement. Very Happy

von_lexus wrote:
I really appreciate your advices, thanx.....


...and we really appreciate your participation. Have a good day! Very Happy
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BAC COMPOSITION

Post by candice on Thu Jul 23, 2009 12:15 am

engrjhez, RDV and mr. ruel
I really appreciate your clarifications to my queries regarding the BAC composition for small water district. Again, thanx a lot!
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Re: BAC Member Composition, Is it Mandatory?

Post by von_lexus on Fri Jul 24, 2009 12:44 pm

sirs, engrjhez and RDV, thanx
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Re: BAC Member Composition, Is it Mandatory?

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