Requesting Entity: Cagayan State University (CSU)
Issues Concern: Separate Bids and Awards Committee (BAC)
Whether the creation and the composition of separate BACs per campus by the CSU complies with RA 9184 and its IRR.
Section 11.1.1 of the IRR of RA 9184 provides that each Procuring Entity (PE) shall establish in its head office a single BAC x x x to facilitate professionalization and harmonization of procedures and standards. Section 11.1.2 of the IRR, on the other hand, states that, to expedite the procurement process, the Head of the Procuring Entity (HOPE) may create separate BACs, organized either according to geographical location or nature of procurement, where the number and complexity of the items to be procured shall so warrant.
[T]he CSU has the authority to establish separate BACs upon its determination that the creation of separate BACs according to its geographical location is necessary to expedite the procurement process. In addition, we wish to clarify that the directive under Section 11.2.1 of the IRR for the HOPE to designate at least five (5) but not more than seven (7) members to the BAC, pertains to each BAC that the HOPE creates. Thus, the CSU may create separate BACs composed of five (5) to seven (7) members for each of its campuses.
Whether the designation of the respective College Deans as the Chairman of the BAC for their campus complies with the requirements of RA 9184 and its IRR.
Generally, the HOPE for state universities and colleges (SUCs) is the governing board or its duly authorized official. However, where the procurement is decentralized, the head of each decentralized unit shall be considered as the HOPE, subject to the limitations and authority delegated by the head of the agency, department or office.
Consequently, following your representation of the hierarchical organizational structure existing in the campuses, the College Dean or the Department Head per Degree Program may be designated as BAC Chairman being the second and third ranking officials, respectively, in each campus.