Non-Policy Opinions

2011-12-28

NPM 034-2011

Requesting Entity: Forest Management Bureau

Issues Concern: Bids and Awards Committee Composition and Membership

 

Details

1.Whether the Forest Management Bureau's (FMB) present Bids and Awards Committee (BAC) composition complies with the requirements of Republic Act (RA) 9184 and its revised Implementing Rules and Regulations (IRR).

[T]he first determination of a procuring entity's compliance with the 'rank' requirement of Section 11.2.2 of RA 9184 and its IRR for its BAC composition and membership is based on the term "permanent" as defined in said provision. The term "permanent" refers to a plantilla position within the procuring entity concerned.
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For this reason, any person, who is holding a position existing within the organizational structure of the procuring entity and possesses the required ranking, may be designated as BAC Chairman or regular BAC member, as the case may be, subject to the disqualification provided by law. Consistent with the afore-quoted opinion, we reiterate that, "the determining factor for regular membership in the BAC is not the employment status of the person but the position he is holding".

2.Whether non-third ranking or non-Salary Grade (SG)-24 position holders designated as Division Chief may be allowed to become alternate members.

[S]ection 11.2.4 of the IRR provides that: "The Head of the Procuring Entity may designate alternate members to the BAC, who shall have the same qualification as their principals as set in the Act and this IRR."

Hence, the same rule applies to the designation of alternate members. The determining factor would not be the employment status of the person but the position he is holding, albeit on a temporary basis or as an OIC.

3.Whether FMB can request for exemption from complying with the eligibility requirements of regular BAC membership due to limited availability of third ranking or SG-24 positions.

At present, RA 9184 and its IRR do not provide for exemptions from the eligibility requirements of regular BAC members. Similarly, there is no mechanism by which the FMB can apply for such exemptions from the Government Procurement Policy Board (GPPB).

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In the event that FMB cannot constitute a BAC for lack of qualified personnel, Section 53.6 of the IRR of RA 9184 gives procuring entities which may not have the proficiency or capability to undertake a particular procurement, as determined by the HOPE, the option (1) to request other government agencies to undertake such procurement for them; or (2) to engage procurement agents to assist them directly and/or train their staff in the management of procurement function.