Non-Policy Opinions

2007-07-30

NPM 028-2007

Requesting Entity: San Jose Del Monte City Water District

Issues Concern: Disposal Committee under COA Circular No. 86-264

 

Details

1. Whether the functions of the BAC created under COA Circular No. 86-264 are deemed included in the scope of authority of the BAC created under R. A. 9184.

COA Circular 86-264 provides the general guidelines on the divestment or disposal of assets of GOCCs. On the other hand, R. A. 9184 applies to the procurement of infrastructure projects, goods, and consulting services by all branches and instrumentalities of government, its department, offices and agencies, including GOCCs and local government units (Section 4, R. A. 9184). Considering the different mandates of the BAC constituted under COA Circular No. 86-264 and the BAC created under R. A. 9184, we answer your first query in the negative.

2. If there is a duly constituted Disposal Committee in a GOCC and said Disposal Committee prepared the advertisement and guidelines for the conduct of a disposal of property through public bidding, should the pre-bid conference for the activity be administered by the BAC created under R. A. 9184?

[S]ince the activity being undertaken is disposal of a property, the pre-bid conference should be administered by the BAC constituted under COA Circular 86-264.