Requesting Entity: Department of Interior and Local Government
Issues Concern: Lifetime of a BAC Resolution
Whether the Bids and Awards Committee (BAC) Resolution issued the previous year may still be used as basis to enter into a contract for the incumbent year.
Republic Act No. 9184 (RA 9184) and its Implementing Rules and Regulations Part A are silent on the effectivity period of BAC actions. However, a survey of the relevant provisions of the IRR-A indicates that all procurement activities are generally done on a yearly basis. x x x
[O]ur considered opinion that any BAC action or resolution may only be valid for the procurement project identified therein and therefore, must be implemented within the year for which said APP and PPMP are relevant.
[W]e believe that the validity of a BAC Resolution is project-specific; and, hence, expires upon the closing of the budget/fiscal year within which a given Annual Procurement Plan or Procurement Project Management Plan is pertinent.