2019-05-29

NPM No. 013-2019

Requesting Entity: Department of Social Welfare and Development (DSWD) Field Office VII

Issues Concern: Creation of Additional Bids and Awards Committee (BAC)

 

Details

Whether the creation of separate BACs in the procurement of goods for various food items for the DSWD`s Supplementary Feeding Program (SFP) is allowed

[A]s a general rule, each procuring entity shall establish a single BAC in order to enhance the professionalization and harmonization of the procurement procedures and processes within the agency. The law, nonetheless, provides an exemption which was further explained under Section 11.1.2 of the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184, where the HoPE is given the discretion to create separate BACs in order to expedite the procurement process for practical intents and purposes, as where the number and complexity of the items to be procured shall so warrant. In which case, the HoPE may create BACs according to the (i) geographical location of end-user or implementing units; or (ii) nature of procurement.

It is evident above that the volume or the number of items to be procured is among the valid considerations of the HoPE in the creation of separate BACs. The law and the rules expressly provide that the HoPE when he/she deems necessary may create separate BACs. Hence, it is the HoPE who must determine this and exercise his/her authority under the said legal bases to create separate BACs.