2007-08-14

NPM 049-2007

Requesting Entity: Department of Agriculture Regional Field Office Unit V

Issues Concern: Qualification of the Chairman of the Bids and Awards Committee

Details

Whether a lawyer holding the position of Legal Officer III, who is admittedly not a third ranking official, may be appointed as BAC Chairman.

[A] lawyer occupying the position of Legal Officer III may not be validly appointed as BAC Chairman. Section 11.2.1 of the IRR-A of R.A. 9184 prescribing the qualification of a BAC Chairman is clear as it is concise. It provides that, for regional offices, the BAC Chairman must be at least a third ranking permanent official of the procuring entity. Since the position of Legal Officer III is not a third ranking personnel in your agency, s/he cannot be appointed as BAC Chairman.