Requesting Entity: Cultural Center of the Philippines
Issues Concern: Composition of the Bids and Awards Committee
Members of the BAC shall be composed of at least five (5) members but not to exceed seven (7). In the case of a BAC with five (5) members, three (3) shall be regular members and two (2) shall be provisional members. In case the BAC has seven (7) members, the Head of the Procuring Entity may designate the additional two (2) members, either as regular or as provisional members, or a combination thereof. Provisional members are designated to sit in the BAC for a particular procurement activity while regular members sit in all the procurement activities of the agency. It bears stressing, however, that all members of the BAC, whether regular or provisional, must occupy a plantilla position in the procuring entity.
[C]CP is governed by a Board of Trustees, which is composed of one ex-officio member and eleven (11) representatives from the private sector. One of the powers of the board is to approve contracts entered into by CCP.
[W]e opine that individual trustees may not be designated as members of the BAC. They are members of the collegial body who constitute the approving authority of the CCP. Under Section 11.2.5 of the IRR-A, the approving authority is disqualified from becoming a member of the BAC to avoid any conflict of interest that may arise in the approval and signing of the contract. Further, it appears that they do not occupy plantilla positions in the procuring entity, except for the ex-officio member.