NPM No. 057-2016
Requesting Entity: University of Eastern Philippines
Issues Concern: Chairmanship of the Bids and Awards Committee
Whether a designated Vice President for Administration and Finance who is holder of Professor II plantilla position is qualified to become the Chairman of the Bids and Awards Committee (BAC).
BAC Rank and Plantilla Position
[T]he organizational plantilla of the Procuring Entity defines whether the official qualifies for regular BAC membership; and the determination of ranking should take into consideration the hierarchy in the plantilla positions present in the agency`s organizational structure. Note that the consideration for designation as regular BAC member is not the nature of the appointment, that is, whether the official/personnel was engaged as a permanent, temporary, seconded or detailed employee, but on whether the employee possesses the appropriate ranking and holds a plantilla position.
BAC Members: Prohibition
[U]nder RA 9184, the personnel disqualified from being a member of the BAC include the HOPE or approving authority and the official who approves procurement transactions. Likewise, COA Circular No. 2003-004 prohibits the Chief Accountant and personnel of accounting units to be regular members of the BAC as it is necessary to ensure that the procurement and payment functions are segregated, in keeping with the rules and principles of good internal control and to avert the possibility of conflict of interest as prohibited under the rules.
From the foregoing, if the functions of the Vice President for Administration and Finance do not cover payment functions, i.e., certification as to the availability of funds and approval of vouchers in payment of procurements made by the agency, he is not prohibited from being designated as a regular member of the BAC or Chairman of the BAC, if he is at least a third ranking permanent official of the procuring entity.