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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]

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49 Comments

Posted by on January 28, 2014 in Government Procurement

 

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49 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.

       
  8. ed

    December 7, 2016 at 5:38 pm

    Is there a conflict of interest if the BAC Chairman is the Designated VIce President for Administration and Finance – where in he is one of the approving authority in terms of budget allocations.

     
    • engrjhez

      December 13, 2016 at 9:54 am

      Yes. Conflict of interest arise when a person is acting on two capacities, where one may reasonably affect the discharge of duties in the other. Further, RA 9184 expressly prohibits the designation of an approving authority as chairperson or member of the BAC.

       
      • ardenia garcia

        August 8, 2017 at 10:20 pm

        If RA 9184 prohibits the designation of an approving authority as chairperson or member of the BAC then our Provincial Administrator as the approving authority at the same time member of the BAC and became a Chairman,and sometimes designated as Acting Governor has a conflict of interest. In this case, what sanction will be imposed to him?

         
      • engrjhez

        August 14, 2017 at 4:08 pm

        None. It is not the administrator but the local chief executive who designated the administrator will be liable if the prohibited designation is committed.

         
  9. mitchelle

    December 20, 2016 at 3:12 pm

    is the board the 1st ranking permanent official which is also the head of the procuring entity

     
    • engrjhez

      December 23, 2016 at 8:44 am

      In GOCCs including water districts, and other public corporations, YES, the governing board is the head of procuring entity which is considered to be the 1st in ranking.

       
  10. ed

    December 29, 2016 at 10:15 am

    Thanks a lot for the reply. God Bless po.

     
  11. Coy

    January 29, 2017 at 1:02 pm

    If the head of the agency appoint her nephew as chairman of the bac secretariat, is this legal or punishable

     
    • engrjhez

      January 30, 2017 at 9:16 pm

      It is valid/legal. No provision of RA 9184 is violated.

       
  12. Mac

    January 29, 2017 at 1:13 pm

    Can a instructor 1 in state universities and colleges be appoint as bac chairman, what is the qualification

     
    • engrjhez

      January 30, 2017 at 9:20 pm

      That will depend if such Instructor 1 qualifies as a third ranking official of the university. But ordinarily, he/she is not qualified (as to ranking).

      The qualifications of a BAC Chairperson among others are: unquestionable integrity and procurement proficiency.

       
      • Mac

        February 1, 2017 at 12:15 am

        Is this violation in r.a 9184, who will be liable can the president of the college be liable or the board of trustee

         
      • engrjhez

        February 13, 2017 at 11:50 am

        If someone not qualified is designated as BAC member, there will be violation of RA 9184 that may warrant administrative sanctions under Civil Service laws and rules.

         
  13. Rush

    February 1, 2017 at 12:34 am

    If the project was not publish in philgeps instead they publish it in other website like ( tenderontime.com ) is this legal or if not who will be the responsible can the head of the agency be liable and file a case against him

     
    • engrjhez

      February 7, 2017 at 11:59 pm

      No. PhilGEPS is the primary source of government procurement info under RA 9184. All procuring entities are mandated to post procurement activities in the PhilGEPS. Posting notices in another website in lieu of PhilGEPS is not the compliance contemplated by law. Since the procurement was executed against the mandatory provisions of the law, it may render the process and even the contract, if any, void, thereby holding those who caused the illegal disbursement liable to return the amount spent back to public funds.

       
      • Rush

        February 8, 2017 at 11:38 pm

        Thanks, but who is liable the bac members, or can the head of the agency be liable for this because i will file a case against them in ombudsman

         
    • engrjhez

      February 13, 2017 at 11:47 am

      Both.

      The BAC in failing to follow the prescribed bidding procedure. The HOPE in failing to annul the bidding process arising from such failure of the BAC.

       
    • ardenia garcia

      August 8, 2017 at 10:27 pm

      Sir engrjhez, may I ask if a salary grade 15 employee is qualified as BAC Member?

       
      • engrjhez

        August 14, 2017 at 4:10 pm

        Yes. Salary Grade does not matter. As long as the employee is possessed with unquestionable integrity and procurement proficiency, and he is occupying a permanent plantilla position, he is qualified as a BAC member.

         
  14. Rosemarie Cruz

    February 23, 2017 at 4:20 pm

    Are budget officers prohibited to be designated as head BAC secretariat? Can she/he use the COA Circular 2003-004 on the issue of “no check and balance” issue.

    Thank you

     
    • engrjhez

      February 28, 2017 at 7:29 pm

      No. The prohibition under the COA Circular refers to designation as BAC member. It is not applicable in designating as member or head of BAC Secretariat.

       
      • janeh

        August 15, 2017 at 9:27 pm

        sir, does this mean that a budget officer cannot be a member of TWG or secretariat? for clarification please… thank you

         
  15. Ronnel Atole

    February 24, 2017 at 2:05 pm

    In State Universities/Colleges, what is considered the 1st ranking official?

     
    • engrjhez

      February 28, 2017 at 7:30 pm

      The governing board shall be considered as 1st ranking and at the same time Head of Procuring Entity.

       
  16. Jacinta Marissa D. Olalan

    June 4, 2017 at 5:05 pm

    Is there a need for the current bac members to finish all purchase requests prior to the effectivity of the designation of new bac members? With this, What is the effect if the said purchase requests have been completed its procurement during the term of the new bac members? Who will assume the functions?

     
    • engrjhez

      June 27, 2017 at 9:30 am

      Purchase Requests have nothing to do with BAC functions. If what you are referring to are the procurement activities, there is no need to finish it if the newly designated members already assumed their posts. The new members will have to continue what is pending and exercise their duties and functions in accordance with law.

       
  17. Dai

    June 29, 2017 at 2:24 pm

    Sir, can a Mayor’s office staff be allowed to Head the BAC secretariat or may be considered as member of the secretariat?

     
    • engrjhez

      July 11, 2017 at 8:52 am

      Yes. The primary consideration in choosing BAC Secretariat member (including the head) is UNQUESTIONABLE INTEGRITY and PROCUREMENT PROFICIENCY. The ranking requirement is waivable subject to the availability or unavailability of qualified personnel.

       
  18. aiyah

    August 2, 2017 at 11:47 am

    In GOCCs, is it okay for the purchaser/purchasing agent of the agency be appointed as BAC Member? Is there any conflict of interest?

     
    • engrjhez

      August 7, 2017 at 4:14 pm

      Yes. There is no conflict of interest since it will be the BAC (group of 5-7) who will conduct the procurement process and not the purchaser alone.

       
  19. janeh

    August 11, 2017 at 6:05 pm

    with regards to the supply officer, can he/she a a member of the secretariat? what are the provision for allowing/not allowing to be a member of the secretariat? as for the accountant, is he also allowed to be a member of secretariat or technical working group. what are the provisions? as per RA 9184. For enlightenment. Thank you

     
    • engrjhez

      August 14, 2017 at 4:16 pm

      A supply officer may be designated as member of the Secretariat, as long as he is possessed with unquestionable integrity and procurement proficiency.

      An accountant is allowed to be a member of the Secretariat or TWG. There is no relevant provision under RA 9184 regarding this. However, COA Circular No. 2003-004 prohibits the Chief Accountant and personnel of accounting units to be regular members of the Bids and Award Committees.

       

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