NPM No. 076-2015
Requesting Entity: San Carlos City Water District
Issues Concern: Creation of Bids and Awards Committee (BAC)
Whether the San Carlos City Water District (SCCWD) may create its own BAC, and who are qualified to be designated as BAC Members
[F]or as long as at least five (5) employees of SCCWD satisfy the qualifications and none of the disqualifications mentioned, it can constitute its own BAC to undertake the functions specified in Section 12 of the IRR of RA 9184 in order to facilitate professionalization and harmonization of procurement procedures and standards.
It is worthy to emphasize to emphasize that there are two (2) kinds of members to the BAC, the "regular" and the "provisional" members, and the ranking requirement is necessary and applicable only to "regular" members. While provisional members need not possess a specific rank, it is imperative that the provisional BAC member occupies a plantilla position. Thus, to create a BAC, the HOPE may designate three (3) regular members, and two (2) provisional members.
Thus, the SCCWD should first determine if based on the qualifications and prohibitions of its present employees, it can validly constitute a BAC in accordance with the provisions of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR.) In case it cannot properly constitute a BAC due to lack of personnel, it may engage the services of a Procurement Agent to undertake the procurement for them as sanctioned by Section 53.6 of the IRR of RA 9184.