Briones orders creation of BACs in DepEd regional, school division offices.
Education Secretary Leonor Briones directed the creation of additional bids and awards committees (BACs) in the regional and schools division offices of the Department of Education (DepEd).
Briones, in DepEd Order No. 26 series of 2018, directed regional directors, schools division superintendents, and all others concerned on the establishment of additional BACs in the regional and division level pursuant to Section 11 of the Implementing Rules and Regulations (IRR) of Republic Act 9184 also known as the Government Procurement Reform Act which states that "each procuring entity shall establish a single Bids and Awards Committee (BAC) to undertake the functions specified in Section 12 of the IRR in order to facilitate professionalization and harmonization of procedures and standards."
To expedite the "procurement process for practical intents and purposes," Briones said the Head of the Procuring Entity (HOPE) "may create separate BACs where the number and complexity of the items to be procured shall so warrant." The BACs, she added, "shall be organized either according to geographical location of PMO or end-user units of the procuring entity, or nature of procurement."
"HOPE shall designate at least five but not more than seven members to the BAC with unquestionable integrity and procurement proficiency," Briones said. Thus, there will be qualified regular and provisional members.
The "regular" members include the "chairperson" who is "an officer at least a third- ranking permanent official of the procuring entity" and "members" who is an "officer at least a fifth-ranking permanent official, or if not available, an officer of the next lower rank with knowledge, experience and/or expertise in procurement who, to the extent possible, represents the legal or administrative area of the procuring entity, provided that in the case of bureaus, regional offices and subregional/district offices, BAC members shall be, at least, third-ranking permanent personnel" or an "officer who is at least a fifth-ranking permanent official, or if not available, an officer of the next lower rank with knowledge, experience and/or expertise in procurement, who, shall represent the finance area of the procuring entity, provided that in the case of bureaus, regional offices and subregional/district offices, BAC members shall be, at least, a third-ranking permanent personnel."
The "provisional" members shall include an "officer who has technical expertise relevant to the procurement at hand, and, to the extent possible, who has knowledge, experience and/or expertise in procurement;" and a "representative from the end-user unit, who has knowledge of procurement laws and procedures."
Briones said the chairperson and the vice chairperson "shall also be designated by the HOPE." Moreover, she noted that the vice chairperson shall be a regular member of the BAC. "For purposes of the IRR, the term permanent shall refer to a plantilla position within the procuring entity concerned," she added.
"In no case shall the HOPE and/or the approving authority be the chairperson or a member of the BAC," Briones reminded. Unless sooner removed for a cause, she noted that the members of the BAC shall have a "fixed term of one year reckoned from the date of appointment, renewable at the discretion of the HOPE."
"Upon expiration of the terms of the current members, they shall continue to exercise their functions until new BAC members are designated," Briones said. "In case of resignation, retirement, separation, transfer, reassignment, removal, or death, the replacement shall serve only for the unexpired term: provided, however, that in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension," she added.
Briones also noted that for "justifiable causes," a member shall be "suspended or removed by the HOPE."
DepEd Sec. Leonor Briones (MB PHOTO/FEDERICO CRUZ / MANILA BULLETIN FILE PHOTO)