Requesting Entity: Mindanao State University (MSU)

Issues Concern: BAC “Permanent” Position

Details

Can the MSU Chancellor designate her Executive Assistant as Chairperson of the Bids and Awards Committee (BAC).

The Executive Assistant to the Chancellor may be appointed as BAC Chairperson provided that she is occupying a plantilla position that is at least third ranking within the organizational structure of MSU and is not a designated approving authority.

A procuring entity’s compliance with the ranking requirement under Section 11.2.2 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 for its BAC composition and membership is based on the term “permanent”, which is defined as referring to a plantilla position within the procuring entity concerned. Therefore, the Head of the Procuring Entity may designate any personnel holding a “permanent” position in the agency, i.e., a plantilla position in the organization, regardless of the status of appointment of the personnel occupying such plantilla position, with the additional qualification that the person designated as BAC Chairperson must be occupying a third ranking plantilla position in the agency and does not have an approving authority.