NPM No. 022-2015
Requesting Entity: Tabuelan Water District (TWD)
Issues Concern: Composition of Bids and Awards Committee (BAC) in Water Districts
Request to consider and acknowledge TWD's BAC composition consisting of four (4) TWD permanent employees and one (1) permanent employee from the Local Government Unit (LGU), and to allow payment of obligation to supplier
[T]he Government Procurement Policy Board (GPPB) or its Technical Support Office (TSO) is not in the position to decide for and on behalf of a procuring entity, nor can it give its imprimatur to acts of the procuring entity that are not in accordance with RA 9184 or its IRR. xxx For this reason, we cannot favorably act on the request to acknowledge or recognize the composition of the TWD BAC, nor give authority to allow payment of obligations to TWD's supplier.
[A]ll members of the BAC, whether regular or provisional, must occupy a plantilla position in the procuring entity. The term "permanent" refers to a plantilla position within the procuring entity concerned. It does not qualify whether the plantilla position is contractual, regular, or appointed, but rather the concern specifically refers to whether the position exists within the organizational structure of the procuring entity. Thus, the designation of one (1) permanent employee from the LGU to the WD BAC is not permissible since he or she does not occupy a plantilla position within the TWD.