NPM No. 100-2016
Requesting Entity: Commission on Higher Education (CHED)
Issues Concern: BAC Membership
1. Is a member of the Bids and Awards Committee (BAC) with a plantilla of Chief Position (Salary Grade 24) who is designated as Officer-in-charge (OIC) Director IV of the Legal Legislative Service, which is equivalent to fifth ranking officer of CHED compliant with the requirement of Section 11 of revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184?
The determining factor for regular membership in the BAC is not the employment status of the person but the position he is holding. Thus, notwithstanding appointment status as OIC of the Legal Legislative Service, as long as such position is considered as a fifth ranking position in the approved organizational structure, [the personnel] may be validly designated as BAC member pursuant to Section 11.2 of the revised IRR.
2. Can the Head of the Procuring Entity (HOPE) designate the said OIC Director as a member of the BAC based on trust and confidence?
[T]he HOPE has the discretion to designate the BAC member as long as he has complied with the qualifications prescribed under Sections 11.2.1, 11.2.2 and 11.2.3 of the IRR of RA 9184 and unless sooner removed for a cause, the BAC members shall have a fixed term of one (1) year, reckoned from the date of appointment, renewable at the discretion of the HOPE.