NPM No. 099-2017
Requesting Entity: Philippine Information Agency
Issues Concern: Composition of the Bids and Awards Committee
How to go about designating Bids and Awards Committee (BAC) members in the regional offices
Pursuant to Section 11.2.2 of the 2016 revised Implementing Rules and Regulations, BAC in the regional offices shall be composed of three (3) regular members: a) Chairperson, who must be at least third (3rd) ranking permanent official of the Procuring Entity; b) An officer from the legal or administrative area of the procuring entity who shall be at least third (3rd) ranking permanent personnel or if not available, an officer of the next lower rank; and c) An officer from the finance area of the Procuring Entity, who shall be at least third (3rd) ranking permanent personnel or if not available, an officer of the next lower rank. In addition, two (2) provisional members who has technical expertise relevant to the procurement at hand, and a representative from the end-user or implementing unit who has knowledge of procurement laws and procedures.
[O]nly the three (3) regular members are required to be third ranking permanent official. The BAC Chaiperson shall be a 3rd ranking permanent official. On the other hand, insofar as the two (2) regular members representing the legal or administrative and finance areas of the agency are concerned, if a third ranking personnel is not available, the Head of the Procuring Entity (HoPE) may designate personnel of the next lower rank, a fourth (4th) ranking personnel. This gives rise to a situation where only the Chairperson is a third ranking permanent official and the two other regular members 4th ranking. The provisional members have no ranking requirement, it is enough that they are officials and personnel of the Procuring Entity holding a permanent plantilla position.
As regards officials or personnel holding a third ranking permanent position, [t]he determination of the ranking of positions based on the approved plantilla position lies within the concerned procuring entity. Reckoning from the highest position in the plantilla, the procuring entity may identify which positions are qualified for membership in the BAC. Among the factors that may be considered in establishing the ranking are the organizational structure, salary grade allocation, nature of work, degree of responsibility, and classification and functional relationship of positions.
Based on the established ranking of positions, the procuring entity may designate any personnel occupying at least a third ranking position as its BAC Chairperson. However, the designation of the BAC Chairperson is subject to the disqualifications provided in Section 11.2.5 of the Implementing Rules and Regulations of Republic Act No. 9184 and Commission on Audit Circular 2003-004.