2008-09-02

NPM 018-2008

Requesting Entity: Bangko Sentral ng Pilipinas

Issues Concern: Bids and Awards Committee

 

Details

Whether or not it is legally feasible to set the structure and create plantilla positions for BAC members thereby reassigning officials thereto on a permanent basis.

[T]he creation of plantilla positions for the BAC on a permanent basis is not sanctioned under RA 9184. Under said law and its IRR-A, the members of the BAC shall have a fixed term of 1 year reckoned from the date of appointment, renewable at the option of the Head of the Procuring Entity (HOPE). This ad hoc structure of the BAC is further elucidated in the Generic Procurement Manual Volume I. Hence, the appointment of BAC members is in the nature of designation, in addition to their regular duties, and not an appointment contemplated under the Civil Service law and rules.

Moreover, although Section 14 of RA 9184 specifically provides that the HOPE may designate an existing organic office within the agency to serve as BAC Secretariat, no similar provision exists for the BAC. Clearly then, if it were the intent of the legislators to extend the designation of an organic office to the BAC, then it would have specifically done so.