Requesting Entity: Office of the Municipal Treasurer of Tublay, Benguet
Issues Concern: Composition of the Bids and Awards Committee (BAC) in Local Government Units (LGUs)
1. Does Republic Act No. 9184 (R.A. 9184) or its Implementing Rules and Regulations (IRR-A), or any circular, order or resolution issued by proper government authorities, prohibit the appointment of the Municipal Treasurer as a member of the BAC?
From the foregoing citations (Section 11.2.2, IRR-A, R.A. 9184; COA Circular 2003-004; GPPB Circular 03-2003), it is clear that the only personnel from the finance area who are prohibited to be designated as members of the BAC are the Chief Accountant and any personnel of the Accounting unit of the procuring entity concerned. Hence, the Municipal Treasurer may be designated by the head of the procuring entity as one of the BAC members in the LGU concerned.
Furthermore, we wish to inform your office that the same issue was raised during the orientation on R.A. 9184 and its IRR-A conducted by the Government Procurement Policy Board-Technical Support Office (GPPB-TSO) in cooperation with the Philippine League of Local Budget Officers (PHILLBO) on November 12-13, 2003, and consequently, was brought to the attention of the GPPB on its 7th GPPB meeting held on December 11, 2003. In the said meeting, the Board unanimously agreed that the head of the procuring entity may designate the Municipal Treasurer as a member of the BAC considering that there is no conflict of interest between these two given functions, unlike in the cases of the Chief Accountant and any other personnel from the Accounting unit of the procuring entity concerned.
2. Who takes the place of the General Services Officer (“GSO”) in the BAC, in LGUs where there are no appointed GSOs?
Citing the same Section 11.2.2 of the IRR-A, as above-quoted, it is evident that one (1) representative from any of the regular offices under the Office of the Local Chief Executive, such as but not limited to the Office of the Administrator, the Budget Office, the Legal Office, the Engineering Office and the General Services Office, may be designated by the head of the procuring entity as members of the BAC. Hence, considering that the phrase “such as but not limited to” connotes that the enumeration of the regular offices mentioned in the said Section is not exclusive, we believe that in LGUs, especially in certain municipalities where there are no GSOs appointed, a representative from any of the regular offices under the Local Chief Executive, even if not mentioned in the enumeration provided under Section 11.2.2 of the IRR-A, except the Chief Accountant and any personnel from the Accounting unit, may be designated as a member of the BAC in the LGU concerned.