Requesting Entity: Office of the Provincial Governor of Sultan Kudarat
Issues Concern: Designation of the Provincial Administrator as Member of the Bids and Awards Committee
Whether or not the Provincial Administrator may be designated as member of the BAC.
Section 11.2.1 of the said IRR-A clarifies that the term “permanent” shall be understood to refer to a plantilla position within the procuring entity. The term “permanent” does not refer to whether the person holding the plantilla position is contractual, regular, appointed, or coterminous; rather, the term specifically refers to whether or not the position exists within the organizational structure of the procuring entity.
For this reason, any person holding a position within the organizational structure of any of the regular offices under the Office of the Local Chief Executive of the Local Government Unit, regardless of the person’s employment status, may be designated by the Local Chief Executive as member of the BAC.
It should be noted, however, that R.A. 9184 and its IRR-A under Sections 11 and 11.2.5 respectively, prohibits membership of the head of the procuring entity and/or the approving authority in the BAC. This prohibition is clearly not limited to heads of procuring entities but extends to those positions which have the authority to approve contracts so as to prevent any possible abuse of power or authority. In this regard, if a position is espoused with the power to approve or disapprove contracts, any person holding such position cannot be designated as a member of the BAC.
In view of the foregoing, we are of the opinion that the Provincial Administrator may be designated as member of the BAC considering that it is a plantilla position in the LGU. However, in the event the Provincial Administrator exercises or is given the authority to approve or disapprove contracts, it can no longer be designated as member of the BAC.