NPM No. 032-2015

Requesting Entity: Presidential Management Staff

Issues Concern: Bids and Awards Committee (BAC) Secretariat Composition



Whether an employee under contract is eligible to be a member of the BAC Secretariat

Section 14.2 of the IRR of RA 9184, which provides for the minimum qualifications of an employee or official who may be designated as the head of the BAC Secretariat, is silent as regards the minimum qualifications of its members.


[S]ince Republic Act No. 9184 and its revised Implementing Rules and Regulations does not categorically state the eligibility requirements for membership to the BAC Secretariat, the Head of the Procuring Entity may designate even a contractual employee as member of the BAC Secretariat.

[I]n selecting the personnel to be designated as BAC Secretariat member, it is also very important to consider the nature, duties, functions and responsibilities of the procuring entity itself, specifically, on matters pertaining to accountability; communications; confidentiality; security; safety, disclosure; and, management, access and custody of records that will be entrusted in the hands of a personnel whose engagement is based on a contract of service or on a job order basis.