Requesting Entity: Commission on Audit
Issues Concern: Municipal Administrator as Chairman of the Bids and Awards Committee
Whether a Municipal Administrator who is holding a coterminous position can be appointed as Bids and Awards Committee (BAC) Chairman.
Please note that Section 11.2.2 of the Implementing Rules and Regulations of Republic Act 9184 refers to the term "permanent" as a plantilla position within the procuring entity concerned. The term "permanent" does not refer to whether the person holding the position is contractual, regular, appointed or coterminous; rather, this refers to whether the position exists within the organizational structure of the procuring entity or not.
Accordingly, we reiterate the view stated in an earlier opinion that a Municipal Administrator may be elected by the members of the BAC as their Chairman if such position is found in the plantilla of the municipality.