NPM 141-2012

Requesting Entity: Department of Foreign Affairs (DFA)

Issues Concern: Payment of Overtime Services to Members of the BAC Secretariat



Can members of the BAC Secretariat claim overtime pay for services rendered in excess of official working hours for all procurement related activities, i.e. not limited to services rendered for projects procured through competitive bidding?

[T]he relevant provisions in DBM BC No. 2004-5A do not qualify whether payment for overtime services is limited only to procurement that involves competitive bidding. Applying the rule ubi lex non distinguit, nec nos distinguere debemus , x x x the payment of overtime services to members of the BAC Secretariat under Section 5.6 of DBM BC No. 2004-5A covers all procurement related activities and is not limited only to procurement activities involving competitive bidding.

Can DFA source the overtime payment of BAC Secretariat members from the proceeds of the sale of bidding documents?

In an opinion issued by the Organization, Position Classification and Compensation Bureau (OPCCB) of the DBM, it provided the list of sources that may be used for payment of honoraria and overtime pay to government personnel involved in government procurement, thus - a) proceeds from sale of bidding documents; b) fees from contractor/supplier registry; c) fees charged for copies of minutes of bid openings, d) BAC resolutions and other BAC documents; e) Protest Fees; and, f) proceeds from bid security forfeiture .

What are the required documents to support the claim for overtime of the members of the BAC Secretariat?

Section 5.10 of the Revised Documentary Requirements for Common Government Transactions as prescribed under the Commission on Audit Circular No. 2012-001 enumerates the documentary requirements for overtime pay such as (1) the overtime authority stating the necessity and urgency of the work to be done and the duration of overtime work; (2) overtime work program; (3) quantified overtime accomplishment duly signed by the employee and the supervisor; and, (4) certificate of service or duly approved daily time record.