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Things To Remember When Reorganizing the Bids and Awards Committee (BAC)

28 Jan

Since there have been a lot of newly elected officials, particularly on Local Government Units, the Bids and Awards Committee which is tasked to undertake the procurement activities of the agency is usually re-organized at their pleasure. But there are certain points that Local Chief Executives (Governors, Mayors, Punong Barangay) must carefully consider in making the decision.

In designating new set of BAC Members

How many are they?

At least five (5) but not more than seven (7) may be designated. (Section 11.2.1, IRR)

Are they qualified?

Primary consideration must be (a) unquestionable integrity and (b) procurement proficiency. (supra)

The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned. (Section 11.2.3, IRR)

Where will they come from? 

The BAC for Local Government Units shall be composed of: (a) One representative each from the regular offices under the Office of the Local Chief Executive such as, but not limited to, the following: Office of the Administrator, Budget Office, Legal Office, Engineering Office, General Services Offices; and (b) A representative from the end user unit. (Section 11.2.3, IRR)

Who designates the Chairman and Vice Chairman? 

The members shall elect among themselves who shall act as the Chairman and Vice-Chairman. (supra)

Is there a required ranking for BAC members?

None. However, the Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. (supra)

Is it possible to have substitute BAC members in case of unavailability?

Yes. The [Local Chief Executive] may designate alternate members to the BAC, who shall have the same qualifications as their principals as set in the [R.A. No. 9184] and [its] IRR. (Section 11.2.4, IRR)

Are alternate BAC members also entitled of honoraria?

The alternate members shall attend meetings of the BAC and receive the corresponding honoraria, whenever their principals are absent.(supra)

Are the terms of alternate BAC members distinct from their principals? How about their accountability?

The alternate members shall have the same term as their principals. The accountability of the principal and the alternate member shall be limited to their respective acts and decisions. (supra)

Can a person designated to approve contracts in behalf of the Local Chief Executive be a member of the BAC?

No. In no case shall the Head of the Procuring Entity and/or the approving authority be the Chairman or a member of the BAC. (Section 11.2.5, IRR)

Is there a fixed term for BAC members?

Yes. Unless sooner removed for a cause, the members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity. (Section 11.2.6, IRR)

What happen to the incumbent BAC members after the term of the appointing Local Chief Executive expires?

Remember that BAC members are occupying plantilla positions, and thus permanent in nature. They don’t usually end the terms of their office with the designating authority. Upon expiration of the terms of the current members, they shall continue to exercise their functions until new BAC members are designated. In case of resignation, retirement, separation, transfer, re-assignment, removal, or death, the replacement shall serve only for the unexpired term: Provided, however, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. (supra)

Can the [Local Chief Executive] suspend or remove an incumbent BAC member?

For justifiable causes, a member shall be suspended or removed by the [Local Chief Executive]. underscoring supplied (supra)

How about the BAC Secretariat?

How many are they?

There is none indicated in R.A. No. 9184 and its IRR. Usually, there should at least be three (3) of them – a head and two members.

Are they qualified? Is there a required ranking?

As to the members, there is none, but the head of the Secretariat shall be at least a third ranking permanent employee (in LGUs) or if not available, a permanent employee of the next lower rank. In addition to [unquestionable] integrity, [Local Chief Executives] shall consider procurement proficiency as a factor in designating the head of the Secretariat and Procurement Unit.

Where will they come from? 

The [Local Chief Executive] shall create a Secretariat which will serve as the main support unit of the BAC. An existing organic office within the procuring entity may also be designated to serve as Secretariat. However, to strengthen and promote the professionalization of the organizations’ procuring unit, the Head of the Procuring Entity may create procurement units that may serve concurrently as BAC Secretariat in accordance with the guidelines issued by DBM.

Is the BAC Secretariat also entitled of honoraria?

It depends. The procuring entity may also grant payment of honoraria to the BAC Secretariat [and the TWG] members, subject to the relevant rules of the DBM.

What is the term of the head of BAC Secretariat and its members?

There is none. Unlike the BAC, the Secretariat’s term does not expire in one (1) year. The nature of its function is continuous, so that any attempt to re-organize it as often as with BAC members will later prove to be futile for the procuring entity. Discontinuity is the last thing a procuring entity would like to encounter. It is strongly recommended that BAC Secretariat should be established as an organic office and permanently function as such. Procurement proficiency is not obtained in any 2-3 days seminar workshop. The true test of proficiency is qualified experience and service actually rendered. At some extent, it was suggested that a “proficiency test” be conducted on a regular basis for validation.

May the Chief Accountant or any of its members be allowed to constitute the BAC Secretariat?

Yes, it may be allowed. The law is silent. The prohibition of the Chief Accountant and its staff by the COA and GPPB applies only to membership in the BAC.

What happens to the incumbent BAC Secretariat after the term of the appointing Local Chief Executive expires?

It continues. They don’t usually end the terms of their office with the designating authority. The function of the BAC Secretariat is no less than permanent in nature. Unless removed for a cause, their terms are not bound to limitations as long as they are part of the Procuring Entity.

Can the [Local Chief Executive] suspend or remove an incumbent BAC Secretariat?

Yes. The power to appoint necessarily includes the power to remove. But just like the reasons for removal of BAC members, it must be justifiable.

[for further updating]

 
17 Comments

Posted by on January 28, 2014 in Government Procurement

 

Tags: , ,

17 responses to “Things To Remember When Reorganizing the Bids and Awards Committee (BAC)

  1. CausticProse (@CausticProse)

    May 7, 2015 at 1:13 pm

    In a national government agency, is it legal to have a BAC member, TWG or Secretariat who are related by affinity? Case in point: TWG member is sister in-law to one of the members of the BAC Secretariat. Kindly advise. Thanks.

     
    • engrjhez

      May 11, 2015 at 8:46 pm

      R.A. No. 9184 and its Revised Implementing Rules and Regulations did not provide for any disqualification on the basis of affinity, not even consanguinity. There is even no prohibition if the HOPE should designate a qualified BAC, Secretariat or TWG related to him. Thus, a sister-in-law of a BAC member may be validly designated as member of TWG.

       
    • engrjhez

      August 29, 2016 at 9:48 pm

      Yes. There is no prohibition under RA 9184 to disqualify membership in the BAC, Secretariat or TWG by reason of relationship by consanguinity or affinity to the HOPE or among each other. The prohibition applies in their relationship to bidders.

       
  2. Ronnie T. Tampus

    March 12, 2016 at 9:15 am

    Can a Supply Officer be a member of the BAC? And the Procurement Officer be a member of the Secretariat?

     
    • engrjhez

      March 12, 2016 at 10:43 am

      Yes, on both cases.

       
    • Naneth F. Tena

      July 19, 2016 at 3:19 pm

      Is it possible that the BAC Chairman be also the PROCUREMENT OFFICER AS WELL?

       
      • engrjhez

        August 29, 2016 at 9:52 pm

        Yes. There is no express prohibition under RA 9184 for a procurement officer to be a BAC Chairman, as long as he has unquestionable integrity and procurement proficiency, and the ranking requirements as provided under Section 11 of the IRR.

         
  3. Jesryl Enilog

    August 10, 2016 at 2:21 pm

    Can a brother of HOPE in LGU be a BAC chairman?

     
    • engrjhez

      August 29, 2016 at 9:54 pm

      Yes. There is no prohibition under RA 9184 to designate the HOPE’s brother in the BAC, even as BAC Chairman.

       
  4. angelina

    September 15, 2016 at 4:11 pm

    what law governs that at least 2/3 of the members of the bac are present in opening the bids

     
    • engrjhez

      September 16, 2016 at 10:16 am

      There is none. What we have are the provisions in the Revised IRR that necessitates quorum for a binding act of the BAC:

      12.3. Quorum
      A majority of the total BAC composition as designated by the Head of the Procuring Entity shall constitute a quorum for the transaction of business, provided that the presence of the Chairman or Vice-Chairman shall be required.

      12.4. Meetings
      The Chairman or, in his absence, the Vice-Chairman, shall preside at all meetings of the BAC. The decision of at least a majority of those present at a meeting at which there is quorum shall be valid and binding as an act of the BAC: Provided, however, That the Chairman or, in his absence, the Vice-Chairman, shall vote only in case of a tie.

       
  5. Frank Mate

    September 16, 2016 at 4:30 pm

    If the chairman of BAC has a pending administrative case to the Sandigan Bayan can it be used as a legal basis to replace him?

     
    • engrjhez

      September 20, 2016 at 11:17 am

      Yes, it may be used as a ground. A pending administrative case may affect the qualification of a BAC member insofar as “unquestionable integrity” is concerned. However, the HoPE still has the discretion to retain or to remove the BAC Chairperson notwithstanding the pending case.

       
  6. laylay eva

    September 20, 2016 at 9:15 am

    good morning everyone, i like to know more if the barangay secretary will be the BAC secretariat also , while in seminars that im attended is the punong barangay, secretary and the treasurer will not allow to be a member of BAC. thank you and more power. im eva libed of puerto galera, a secretary in barangay

     
    • engrjhez

      September 20, 2016 at 11:22 am

      Please take note that BAC Secretariat is different from BAC membership. BAC Secretary may be an elective or appointive official of the Barangay, but membership in the BAC is reserved for elective officials (kagawad) only except the Punong Barangay. In other words, a Barangay Secretary may be validly designated as BAC Secretary but not as BAC Member.

      I hope it clarified things to you.🙂

       
  7. judith baguelet

    November 9, 2016 at 1:15 pm

    is a co-terminos allowed to be a BAC chairman/

     
    • engrjhez

      November 14, 2016 at 10:22 pm

      Yes. A coterminus employee is considered permanent for all intents and purposes of appointing a BAC member.

       

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