2009-05-27

NPM 026-2009

Requesting Entity: Department of Education Procurement Service

Issues Concern: Attendance of BAC Chair/Vice-Chair in "Draw Lots" as a Tie-Breaking Method

 

Details

Whether the absence of the Chairperson and Vice-chairperson in the conduct of "draw lots" affects the validity of the said tie-breaking method.

It is expressly stated in Section 12.4 of the IRR-A of R.A. 9184 that the chairman or, in his absence, the vice-chairman, shall preside at all meetings of the BAC. The decision of at least a majority of those present at a meeting at which there is a quorum shall be valid and binding as an act of the BAC, provided that the chairman or the Vice-chairman, shall vote only in case of a tie.

Pursuant to Section 12.3 of the IRR-A, quorum for the transaction of business is determined through a majority of the BAC composition provided that the presence of the Chairman or Vice-chairman shall be required. Therefore, the Chairman and/or Vice-chairman are required to attend not only for the purpose of presiding in all meetings of the BAC, but also to satisfy the requirement of reaching a quorum for the transaction of business. The attendance of the Chairman and/or Vice-chairman is required to ensure the proper implementation of procurement laws and to expedite the proceedings such that clarification may be made when immediate resolutions from the BAC are necessary.

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The conduct of "draw lots" for the purpose of breaking a tie is clearly one of those transactions necessitating BAC action. The absence of either the Chairman or the Vice-chairman, or both, will not automatically invalidate the proceedings. In order to nullify the meeting it must be proven in the proper forum that the BAC failed to follow the prescribed bidding procedures.