NPM No. 043-2017
Requesting Entity: Bureau of Fisheries and Aquatic Resources-Central Office
Issues Concern: End-User and Technical Working Group Member
Whether it is allowed in public bidding that the end-user is also part of the Technical Working Group (TWG) or if there is any conflict of interest in such a case.
Republic Act (RA) No. 9184, the Government Procurement reform Act, and its 2016 revised Implementing Rules and Regulations (IRR) do not prohibit an end-user from being designated as part of the TWG.
It is recommended that the propriety in the designation of members in both the BAC and TWG be carefully studied and determined by the Procuring Entity as to its necessity and practicality relative to procurement proficiency and efficiency, taking into consideration the exclusive and dedicated functions, duties and responsibilities of the BAC and the TWG, not to mention the technical, financial, and/or legal expertise of the respective TWG members, giving due regard to efficient and expeditious conduct of procurement without sacrificing independent, dedicated and focused work execution by both the BAC and TWG members.