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]
Legem Advocatus 
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.
Alex
January 25, 2018 at 9:07 am
For LGU, who will be the signing official for all contracts to be awarded In the absence of the HOPE?
engrjhez
January 27, 2018 at 8:33 am
The IRR Provides:
If the Procuring Entity is a Local Government Unit, the Local Chief Executive (LCE) signs by authority and in behalf of the Sanggunian. Thus, in the absence of the LCE, the Sanggunian may authorize any other person to enter into contract in their behalf.
engrjhez
June 10, 2018 at 2:54 pm
It will depend on the kind of absence. Please check Title II Chapter II of the Local Government Code of 1991 on “Vacancies and Succession”.
Jhez
October 30, 2020 at 8:32 pm
It will depend on the authorization by the HoPE. Usually it is the Vice Gov, Vice Mayor, or the Administrator.
Jhez
October 30, 2020 at 7:59 pm
I have to retract this answer on the basis of GPPB NPM 017-2018 (https://www.gppb.gov.ph/GPPBTSO_Non-Policy/1717)
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.
Jhez
October 30, 2020 at 7:58 pm
I have to retract this answer on the basis of GPPB NPM 017-2018 (https://www.gppb.gov.ph/GPPBTSO_Non-Policy/1717)
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.
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.
Jhez
October 30, 2020 at 7:57 pm
I have to retract this answer on the basis of NPM 017-2018. https://www.gppb.gov.ph/GPPBTSO_Non-Policy/1717
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.
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.
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. 🙂
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.
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.
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.
ed
December 29, 2016 at 10:15 am
Thanks a lot for the reply. God Bless po.
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.
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.
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.
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
Jhez
October 30, 2020 at 8:37 pm
There is no such prohibition. The enumeration is “such as but not limited to”, which is only directory.
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.
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.
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.
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.
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.
Kay
March 12, 2018 at 11:51 am
Sir,
Can the Executive Assistant of the head of agency be appointed as BAC Member? What is the provision?
Can the OIC of Accounting Unit be designated as a BAC Secretariat? How many member/s should there be? Is the 5-7 members of BAC inclusive of the members of Secretariat?
Thank you.
engrjhez
June 10, 2018 at 2:42 pm
Can the Executive Assistant of the head of agency be appointed as BAC Member? – YES.
What is the provision? The relevant provision in the IRR is Sec. 11.2 which requires a “permanent” official. In GPPB Opinion No. NPM 111-2016
(link: http://www.gppb.gov.ph/opinions/view_nonpolicy.php?id=1516)
Can the OIC of Accounting Unit be designated as a BAC Secretariat? – YES.
How many member/s should there be? – The law and its IRR are silent.
Is the 5-7 members of BAC inclusive of the members of Secretariat? – NO.
Thank you. – THANK YOU TOO.
Jhez
October 30, 2020 at 8:22 pm
Yes, under Section 11.
Yes. The accountant is only prohibited to be designated as BAC member.
The rule is silent as to how many.
Composition of BAC members shall be between 5-7, exclusive of secretariat.
Jennifer A. Casimina
June 6, 2018 at 8:29 pm
Hello. Can I ask something about grounds for disqualification of a bidder? Will the wrong addressee in the bid form be a ground for DQ? I refer to the Financial document.
engrjhez
June 10, 2018 at 2:51 pm
It will depend to how “wrong” the addressee is.
If the addressee is another procuring entity, the bidder may be disqualified for submitting a “patently insufficient” bid.
If the addressee’s name is misspelled or that the bid is addressed to another person or office but within the same procuring entity, my opinion is that the bid may be admitted.
You also have to check the “Bid Form” in the Bidding Documents. The bidder cannot be faulted if they just followed what is indicated in the the bidding documents.
Jhez
October 30, 2020 at 8:19 pm
What is wrong with the addressee? Is it substantial or typographical? The answer will depend on the surrounding circumstances.
Elmer D Leria
August 16, 2018 at 11:02 am
Finance and infrastructure commitee chairmans are allowed to chair the barangay bids and awards committee
Jhez
October 30, 2020 at 8:15 pm
Yes.
Mindee Tapaz
December 27, 2018 at 12:47 pm
(1) Under what conditions is LGU BAC allowed not to post any govt-funded project on PhilGeps?
(2) What are the qualifications of TWG Head? Who are prohibited from becoming TWG head?
(3) Is the son of Mayor, who is also her Administrator, allowed to be TWG member? What are the requirements to be TWG member? Who are prohibited from becoming TWG member?
(4) Who are prohibited from becoming BAC Secretariat head and member?
(5) What are the effects on LGU projects by having BAC Secretariat Head who does not have procurement efficiency?
(6) Can the BAC, BAC Secretariat OR TWG hide any documents related to LGU govt-funded projects from public or even Sangguniang Bayan memberd viewing and scrutiny?
(7) For how long does the LGU have to keep the Bids & Awards documents and other govt-project related documents and specifications? Those documents are not property of the Mayor and BAC, are they?
(8) Who can and cannot be an Observer? Does an Observer get paid? If he does, how much and where does an Observer get payment from?
(9) At the completion of a project, are head or member of BAC, BAC Secretariat or TWG allowed to accept and certify successful completion of such project? Who are allowed and not allowed to accept and certify successful cpmpletion of such project?
Mindee Tapaz
December 27, 2018 at 12:52 pm
(10) Who is responsible for having BAC members who do not have procurement efficiency?
Jhez
October 30, 2020 at 8:03 pm
The BAC themselves. Sec.12 mandates the BAC to ensure that the procuring entity abides by the standards set forth by the law and its IRR.
wilson
January 21, 2019 at 8:13 pm
Hello, is there conflict of interest when the BAC Chairman becomes the HOPE during the issuance of notice of award. thank you
Jhez
October 30, 2020 at 8:01 pm
Yes. The rule is clear that in no case shall the HOPE be a member or chairperson of the BAC.
Rey
July 3, 2019 at 10:35 pm
Can a Sannguniang Barangay Member who is the Chairman, Appropriations Committee become the BAC Chairman at the same time?
Jhez
October 30, 2020 at 7:48 pm
Yes. There is no prohibition for a Sangguniang Barangay member to be a BAC Chairperson even if he/she is the Chair of Appropriations Committee.
Ingemar Bautista
May 11, 2020 at 11:32 am
under a set up of two (2) Bid and Awards Committees, how many BAC secretariat is allowed by RA 9184? are we allowed to have separate BAC secretariat heads for the two (2) BACs?
While the Revised IRR allows multiple BACs depending on complexity of procurement, there is no similar provision under Sec.14 (BAC Secretariat). However, since the same IRR also does not prohibit, there is no impediment to establish separate BAC Secretariats.
My personal view is that there must be a single BAC Sectetariat even if there are two or three BACs. This is because by definition, the BAC Secretariat is the CENTRAL CHANNEL of communication between and among the BAC, end users, implementing units, bidders, and observers, and the custodian of all procurement documents.
Intsik
November 27, 2020 at 8:13 pm
If a person or an Oic in the department is a member or team leader of MUNICIAL PROJECT MONITORING COUNCIL . Are not qualify to enter in BAC as member?
Jhez
November 28, 2020 at 7:49 am
Why not? There is no prohibition. Besides, project monitoring is one of the extended functions of BAC in preparing the Project Monitoring Report under Sec.12 of the IRR.
Jhez
December 24, 2020 at 5:05 pm
As long as that OIC is a pemanent plantilla personnel with unquestionable integrity and procurement proficiency, and is not disqualified for being an approving authority, member or chief of accounting office, or treasurer/ assistant treasurer, the OIC may be a BAC member.
April
April 26, 2021 at 11:08 pm
Is there a conflict of interest if the husband is the supply officer and the wife is designated as BAC TWG (canvasser)?
Jhez
May 15, 2021 at 5:01 pm
There is no conflict of interest there. They are both under the same agency, with common interest.
Shawol
August 15, 2023 at 5:09 pm
Can a BAC Secretariat be designated as OIC- Cashier at the same time? Is there no conflict of interest specially that as BAC secretariat she is in-charge in posting in PhilGeps and as now cashier she will accept payment for sale of bid docs?
With history of not accepting bidders/declined selling bid docs.
Jhez
August 24, 2023 at 12:04 pm
Yes.
There is no conflict of interest.
The secretariat may be designated to manage tge sale of bidding documents.
The history or attitude of a person should be subject of disciplinary proceedings.