Requesting Entity: Municipality of Culion, Palawan
Issues Concern: Bids and Awards Committee (BAC) Composition for Local Government Units (LGU's)
Clarification on the qualifications of the BAC Chair and Members for LGU's.
The Chairman of the BAC shall be at least a third ranking permanent official of the procuring entity. But in no case shall the local chief executive and/or the approving authority be the Chairman or a member of the BAC. The members of the BAC shall be personnel occupying plantilla positions of the procuring entity concerned.
A government official at the LGU level may be appointed as a Chairman of the BAC provided that he is occupying a plantilla position in any of the regular offices under the Local Chief Executive that is at least third ranking official within the organizational structure, regardless of the status of his appointment.
As to the BAC members, no ranking requirement exists but they must be personnel occupying plantilla positions in the procuring entity concerned. The rules also do not limit the representatives to be designated from the offices provided in the rules, as long as each regular office or end-user unit is properly represented in the BAC, and the required number of BAC members is met.
Whether the newly created BAC may review, revise or revoke results of bid evaluation conducted by the previous BAC.
New BAC members may effect lawful, necessary and appropriate changes in the results of the bid evaluation that has not been finally decided upon by the previous BAC members so as to arrive at a sound and appropriate determination of the bidder with the LCB. Note, however, that such changes are still subject to applicable timelines and procurement rules and regulations.