NPM No. 121-2017


Issues Concern: Actions of the Bids and Awards Committee



Whether the members of the newly created BAC may sign and recommend its action to the Head of the Procuring Entity (HOPE) on the bidding conducted by the members of the previous BAC.

[T]he 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, the Government Procurement Reform Act, is silent on the aforementioned matter. Nonetheless, we have clarified in an earlier opinion that the new BAC members may effect lawful, necessary and appropriate changes in the decisions of the previous BAC which have not yet become final. This is intended to provide the new BAC members the opportunity to arrive at a sound and appropriate action on the pending procurement proceeding and to ensure that the most advantageous terms for the Government is obtained.

Based on the foregoing, we are of the opinion that the members of the newly created BAC, within the boundaries of its duties and responsibilities under Section 1 of the 2016 IRR of RA 9184, may make its own action and recommendation to the HOPE pertaining to a bidding conducted by the previous BAC provided that said procurement activity has not yet been concluded.