NPM No. 045-2015
Requesting Entity: Philippine Carabao Center
Issues Concern: Creation of the Technical Working Group (TWG)
1. Whether the Bids and Awards Committee (BAC) has the authority to create the TWG; and
2. Whether the BAC Chairman or the Head of Procurement Entity (HOPE) shall issue the appropriate order in creating the TWG.
Pursuant to Section 12 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, the BAC has the power and function to "[c]reate a TWG from a pool of technical, financial, and/or legal experts to assist in the procurement process, particularly in the eligibility screening, evaluation of bids, and post qualification." The creation of the TWG shall be made by the BAC through the issuance of appropriate Resolution identifying its duties, functions and responsibilities.
3. Whether all members of the TWG need to be occupying plantilla positions.
[T]o ensure that the BAC is able to harness the needed knowledge, experience and/or expertise suitable and qualified to assist in the eligibility screening, evaluation and post-qualification of bids in the procurement of highly technical equipment and complex services, members of the TWG need not be limited to employees or officials of the procuring entity. Thus, the BAC may likewise engage the assistance of government personnel and officials, and consultants from the private sector and academe with proven expertise on the sourcing of the goods, works or consulting services to be procured . Consequently, it is not required that all members of the TWG occupy plantilla positions in the Procuring Entity (PE) concerned.