2004-06-23

NPM 089-2004

Requesting Entity: Department of Budget and Management – Regional Office X

Issues Concern: Various Queries/Issues on Republic Act 9184 and its Implementing Rules and Regulations Part A

 

Details

1. Can a Sanggunian Secretary be a member of the Secretariat?

Section 14.1 of the Implementing Rules and Regulations Part A (“IRR-A”) of Republic Act 9184 (“R.A. 9184”) mandates the creation of a BAC Secretariat and provides for its functions and responsibilities. In the creation of a BAC Secretariat, the head of the procuring entity has the option of creating another unit or simply designating an existing organic office within the procuring entity. Section 14.2, on the other hand, provides for the minimum qualifications of an employee or official who may be designated as the head of the BAC Secretariat. It should be noted, however, that it is silent as regards the minimum qualifications of its members.

There being no qualification provided for BAC Secretariat members, we are of the opinion that it may be inferred that any employee or official within the procuring entity may be designated as a member of the BAC Secretariat.


2. How does a Regular Office differ from an Organic Office?

For purposes of the IRR-A, the terms “regular office” and “organic office” do not have substantial or consequential difference in meaning, and may therefore be interchangeably used. The terms “regular” and “organic” merely refer to an existing office with an organized structure.

It should be clarified, however, that the “regular offices” mentioned under Section 11.2.2 of the IRR-A from which the representatives for the BAC for Local Government Units (“LGUs”) are taken should be understood to mean those offices under the Office of the Local Chief Executive as provided under Republic Act 7160, otherwise known as the “Local Government Code of 1991.” The “organic office” mentioned in Section 14.1, on the other hand, simply refers to any organized structure or unit existing within the procuring entity.


3. Are BAC and BAC-TWG entitled to honoraria if alternative mode of procurement is used.

In a letter dated June 16, 2004 issued in response to the request for clarification of the Cebu Port Authority, the Organization, Position Classification and Compensation Bureau (“OPCCB”) clarified that, for purposes of determining the payment of honoraria to the chairs and members of the BAC and the Technical Working Group (“TWG”) as provided under Section 4.1 of Budget Circular 2004-5, a project is successfully completed with the awarding of the contract to the winning bidder.