NPM 058-2004

Requesting Entity: Office of the Municipal Budget Officer of Infanta, Quezon

Issues Concern: Designation of Municipal Treasurer as Member of the Bids and Awards Committee



Whether or not the Implementing Rules and Regulations Part A (IRR-A) of Republic Act 9184 (R.A. 9184) prohibits the Local Chief Executive from designating the Municipal Treasurer or a representative of the Office of the Municipal Treasurer as member of the BAC.

The phrase “such as, but not limited to” in the above-mentioned section (Section 11.2.2, IRR-A) implies that the enumeration provided therein is not exclusive. As such, although the Office of the Treasurer was not specifically mentioned, the Local Chief Executive may designate one representative each, not only from the offices mentioned above but also from other regular offices under the Office of the Local Chief Executive.

Moreover, it should be noted that in clarifying Section 11.2.2 of the IRR-A of R.A. 9184 during the 7th meeting of the Government Procurement Policy Board (GPPB), held on December 11, 2003, the GPPB was of the view that the budget officer and the treasurer may be designated by the head of the procuring entity as members of the BAC considering that there is no clear conflict of interest unlike in the case of the Chief Accountant and all accounting personnel, who are then prohibited from being designated as BAC member under Commission on Audit Circular 2003-004, dated July 30, 2003.