2007-12-03

NPM 071-2007

Requesting Entity: City of Santa Rosa, Laguna

Issues Concern: Removal of a Member of the BAC and Creation of a TWG

 

Details

1. Whether or not the members of the BAC may be removed before the lapse of the one (1) year term.

The members of the BAC shall have a fixed term of one (1) year from the date of designation unless sooner removed for a cause. A member may be suspended or removed for justifiable cause.

The provision explicitly provides that suspension or removal of a BAC member must be based on justifiable grounds so as not to abuse the authority granted to the head of the procuring entity under the law.

2. Whether or not the head of the procuring entity may create and form the BAC's TWG.

Under Section 12 of R.A. 9184 and its IRR-A, one of the functions of the BAC is the creation of a TWG from a pool of technical, financial and/or legal experts to assist in the procurement process.

However, the head of the procuring entity is not prohibited from creating the TWG to increase operational efficiency and effectiveness and to consolidate and unify procurement activities of the organization.