COMMISSION ON AUDIT CIRCULAR NO.
86-264 October 16, 1986
TO
: The presiding officers of Governing Boards and the Managing Heads of
Government-Owned and/or Controlled Corporation, Including their
Subsidiaries; COA Managers/ Regional Directors/Heads of Corporation
Auditing Units; and others concerned.
SUBJECT : General guidelines on the divestment or disposal of assets of governmentowned and/or controlled corporations, and their subsidiaries.
1.0 Rationale and Scope
These guidelines shall govern the general procedures on the divestment or disposal
of assets of government-owned and/or controlled corporations and their subsidiaries, which
shall be supplemented by specific procedures as may be adopted by the corporation
concerned, provided they do not contravene existing laws and the provisions of this Circular.
2.0
Authorization
The divestment or disposal of assets shall be duly authorized by the Governing
Body or the Managing Head of the corporation concerned, as the case may be, in
accordance with the properly adopted delegation of authority within the corporation.
3.0
Modes of Disposal
3.1
Public Auction
As a rule, public auction or bidding shall be the primary mode of
disposal of assets. The established mechanics and procedures in public
auction shall be observed, which shall invariably include: (a) adequate
publicity and notification, so as to attract as much number of interested
parties; (b) sufficient time frame between publication and date of auction;
(c) opportunity to inspect assets to be disposed of by interested parties; (d)
confidentiality of sealed bids or proposals; (e) bond and other
prequalification requirement to guarantee performance; and (f) fair
evaluation of tenders, and proper notification of award.
3.2
Sale thru Negotiation
Disposal thru this mode, which is a sale without public bidding, shall
be resorted to only in case of failure of public auction.
3.3
Transfer to other Government Agencies
Any property that is no longer serviceable or needed by the
corporation may be transferred to other government agencies without
cost, or at an appraised value upon authority of the head or governing
body of the corporation concerned and the receiving agency, and upon
due accomplishment of an Invoice and Receipt of Property.
3.4
Destruction/Condemnation
This mode shall be resorted to only when the unserviceable
property has no commercial value, or is beyond economic repair, or
there is no willing receiver, and/or the appraised value is less that
the administrative cost of sale, subject to prior inspection by the
COA auditor concerned.
4.0 General Procedures & Responsibilities in Public Auction
4.1
Management Responsibilities
4.1.1
Constitute the Disposal Committee, the composition of which shall be
determined by the proper authority in the corporation. Among
others, the duties of the Committee shall be as follows:
a.
Require the submission by the concerned offices/departments
of the corporation the assets to be disposed of, and all the
necessary documents pertaining thereto, which shall include
the following:
i.
Program for disposal, with time schedules;
ii.
Inventory Report showing the itemized list and complete
description of the assets;
iii
Appraisal documents which may either
be in-house
or by an independent appraiser, or both; and
iv.
Specific assets disposal procedures, f any.
b.
Inspect the assets to be disposed
justification for its disposal.
c.
Establish, either by itself or thru an independent appraiser, the
floor price for each asset item, considering the in-house or
independent appraisal submitted, as well other relevant factors,
such as:
I
Market demand;
of,
and
verify the
Economic viability, or premiums to
cover goodwill
and income generating capacity of a going concern;
iii.
Results of previous bidding of similar properties
iv
Administrative costs of handling;
v.
Physical condition, estimated
depreciated value; and
vi.
Such other factors as may be
committee.
economic
life,
and
determined by the
4.12
Furnish the COA Auditor at least twenty (20) days before the
advertisement of call to public auction/bidding, with a copy each of the
following: (a) the program for disposal of assets, with time
schedules; (b)
Inventory Report showing the itemized list and
complete description of the assets to be disposed; (c) Appraisal
Report showing the appraised values of the assets for sale; and (d)
disposal procedures adopted.
4.1.3
Advertise by printed notice for not less than 3 consecutive days in any
newspaper of general circulation, or where the value of the property
does not warrant the expense of publication, by notices posted for a
like period in at least three (3) prominent public places in the
locality where the property is to be sold, including the terms and
conditions of the sale and the prequalifications of bidders, if
necessary like, the posting of 10% bidders bond, latest financial
statements and income tax return.
4.1.4
Constitute the Bids Committee and Awards Committee which shall:
a.
b.
4.2
Ii
Conduct the opening of bids in the presence of a COA
representative at the designated time and place.
If the first bidding fails readvertise and conduct second bidding.
c.
If the second bidding still fails, a negotiated sale may be
resorted to subject to the approval of the Commission on Audit.
d.
Approve and issue the award to the winning bidder.
COA Responsibilities
4.2.1
Upon receipt of the disposal documents from management, the Auditor
shall
a.
Forward a copy of the appraisal/valuation report, together
with his comment and/or recommendation thereon, to the
Technical Service Office (TSO) thru the Corporate Audit
Office, for review; and
b.
Review the corporation's procedures for the sale of assets to
assess propriety and conformity with existing laws and
regulations.
4.2.2
The TSO, employing its own organic personnel or engaging the
services of a private consultant/specialist, shall review the
appraisal/valuation report of the corporation for reasonableness,
thereafter transmitting its comments/action thereon to the Auditor
concerned, thru the Corporate Audit Office.
4.2.3
Unless otherwise authorized by this Commission, disposal of assets
shall be subject to audit before the transaction is consummated, as
required under COA Circular No. 86-257, if the selling/floor price in each
case is P1 million or more.
5.0 Exceptions and Effectivity
This Circular shall not apply to sales of merchandise/inventory held for sale in the
regular course of business.
This Circular shall take effect immediately.
(SGD.) TEOFISTO T. GUINGONA, JR., Chairman
