NPM 023-2012

Requesting Entity: City of Tayabas

Issues Concern: Legal Assistance and Indemnification Package



Clarification on the rights and benefits of the members of the Bids and Awards Committee (BAC) under Republic Act No. 9184 and its Implementing Rules and Regulations (IRR).

As provided in Section 4.1.1 of the Guidelines for Legal Assistance and Indemnification of Bids and Awards Committee and its Support Staff (Guidelines), the procuring entity shall, to the fullest extent permitted therein, indemnify a BAC member and/or any of its support staff who was or is a party to a pending or a completed action, suit or proceeding whether civil, criminal, or administrative in nature brought against him in the performance of his official functions as BAC member or support staff. Moreover, Section 6 of the Guidelines, states that the funds to be used for the grant of the free legal assistance, liability insurance, or medical assistance shall be taken from the agency's annual appropriation, and augmented by other funds resulting from protest fees, sale of bidding documents, and other income-generating activities of the agency.