Requesting Entity: Office of the Municipal Budget Officer of Canaman, Camarines Sur
Issues Concern: Barangay Infrastructure Projects and Bidding Forms
1. Whether or not the Municipality of Canaman can use its usual bidding forms for procurement pending the issuance of the procurement manuals and standard bidding documents.
The GPPB still has to finalize the procurement manuals and standard bidding documents. Thus, pending the issuance of such, procuring entities may still utilize their existing bidding forms in all their procurement activities modifying its contents to conform with Section 17 of R.A. 9184 and its Implementing Rules and Regulations Part A (IRR-A).
2. Whether or not the Bids and Awards Committee ("BAC") of the Municipality may conduct the bidding for barangay infrastructure projects.
With regard to the conduct of public bidding for Barangay infrastructure projects, the BAC of the local government unit concerned may undertake the procurement of such project for its barangay component pursuant to Section 53(e) of IRRA
of R.A. 9184.
Notwithstanding the above-cited provision, if the barangay has already constituted its own BAC, said BAC may procure infrastructure projects for the barangay. Needless to say, the Barangay as the basic political unit which is primarily concerned in the implementation of government programs in its jurisdiction should conduct the procurement of its projects through its BAC. However, for procurements not within its capability as determined by the Punong Barangay, it may request the city or municipal government which has jurisdiction over it to undertake such procurement in its behalf.
3. Whether or not the Barangays are required to procure on their own from the Procurement Service.
[W]ith the enactment of R.A. 9184 and its IRR-A, all procuring entities as well as local government units which include Barangays, are now required to procure their common-use supplies from the Procurement Service (PS). (Section 52, IRR-A)
In view of the foregoing provisions (Sections 52 and 54.2(g), IRR-A), Barangays should procure their common use supplies from the PS either directly, or request the city or municipal government which has jurisdiction over them to undertake such procurement in their behalf, pursuant to Section 53(e) of the IRR-A of R.A. 9184.