NPM 140-2014

Requesting Entity: Municipality of Labason, Zamboanga del Norte

Issues Concern: Restrictions on Members of Local Government Unit Bids and Awards Committee (LGU-BAC)



Whether the Secretary to the Sanggunian be designated as a member of the LGU BAC.

Based on Section 11.2.3 of the IRR of RA 9184, a Secretary to the Sanggunian cannot be a member of the LGU BAC for the simple reason that the provision did not include any member from the local legislative body. Accordingly, a careful reading of Section 11.2.3 of the IRR of RA 9184 shows that BAC members should come from the regular offices under the Office of the Local Chief Executive, and a representative from the end user unit of the procuring entity.

Clarification on the consequence of the relation by consanguinity or affinity of the bidder to the BAC Chairman.

A bidder who is a relative of the HOPE, or any member of the BAC, TWG, BAC Secretariat, the head of the PMO or the end-user unit, and the project consultants, within the third (3rd) civil degree of consanguinity or affinity shall be automatically disqualified, regardless of the inhibition of the concerned official from the bidding process.