Requesting Entity: Legal Services Sector Commission on Audit (COA)
Issues Concern: Procurement Agent
Whether a start-up Government-Owned and Controlled Corporation (GOCC) may use the Bids and Awards Committee (BAC) of another agency during the period when it is unable to establish its own BAC.
Section 53.6 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 provides that PEs which may not have the proficiency or capability to undertake a particular procurement, as determined by the Head of the Procuring Entity (HOPE) concerned may - (i) request other government agencies to undertake such procurement for them; or (ii) engage procurement agents to assist them directly and/or train their staff in the management of procurement function.
Considering that CIC cannot constitute its BAC meantime due to lack of personnel, we are of the view that it may request other government agencies, such as the SEC-BAC, to procure in its behalf.