NPM No. 041-2016
Requesting Entity: Municipality of Bansalan, Province of Davao del Sur
Issues Concern: BAC-Secretariat Composition
Whether the Secretary to the Sanggunian can be designated as Head/Member of the Local Government Unit-Bids and Awards Committee (LGU-BAC) Secretariat.
While the revised IRR is silent on the minimum qualifications of the members to the BAC Secretariat, except for procurement proficiency, Section 14.2 of the IRR imposed qualifications in the selection of the personnel who shall be designated as the BAC Secretariat Head, which by parity of reasoning may also apply to LGUs.
[T]he HOPE, in this case the LCE, may designate any employee or official within the procuring entity as the BAC Secretariat Head provided he/she complies with the requirements under Section 14.2 taking into consideration the LGU`s respective organizational structure for purposes of determining the rank of the person to be designated. For this purpose, the LCE may also consult the relevant provision of the Local Government Code, when applicable, to aid the same in the determination of whether the person to be designated complies with the ranking requirement under Section 14.2 of the revised IRR.