Bids and Awards Committee
Republic Act 9184 Otherwise Known as the Government Procurement Reform Act under Section 12 and its 2016 Implementing Rules and Regulations (IRR), requires the creation of the Bids and Awards Committee (BAC), Bids and Awards Committee Secretariat (BACSec) and Technical Working Group by the Head of Procuring Entity (HoPE). The BAC has a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the HoPE.
Composition
The committee is composed of five (5) regular members following Section 11.2 of RA 9184 IRR:
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- Chairperson, who is at least a third (3rd) ranking permanent official of the Procuring Entity;
- An officer, who is at least a fifth (5th) 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 sub-regional/district offices, BAC members shall be at least a third (3rd) ranking permanent personnel or if not available, an officer of the next lower rank;
- Provisional Members:
- An officer who has technical expertise relevant to the procurement at hand, and, to the extent possible, has knowledge, experience and/or expertise in procurement; and
- A representative from the end-user or implementing unit who has knowledge of procurement laws and procedures. When procurement tasks are outsourced to another GoP agency as a procurement agent pursuant to Section 7.3.3, a representative from the Procuring Entity may be designated as a provisional member to the BAC. For this purpose, the procuring entity shall recommend the provisional member to be designated.
- An officer, who is at least a fifth (5th) 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 finance area of the Procuring Entity: Provided, That in the case of bureaus, regional offices and sub-regional/district offices, BAC members shall be at least a third (3rd) ranking permanent personnel or if not available, an officer of the next lower rank.
The Chairperson and the Vice-Chairperson shall also be designated by the HoPE. Moreover, the Vice-Chairperson shall be a regular member of the BAC. For purposes of this IRR, the term “permanent” shall refer to a plantilla position within the Procuring Entity concerned.
Functions
1. Bids and Awards Committee
1. Advertise and/or post the invitation to bid/request for expression of interest.
2. Conduct pre-procurement and pre-bid conferences.
3. Determine the eligibility of prospective bidders.
4. Receive bids.
5. Conduct the evaluation of bids.
6. Undertake post-qualification proceedings.
7. Resolve motions for reconsideration.
8. Recommend award of contract to the Head of Procuring Entity or his duly authorized representative.
9. Recommend the imposition of sanctions in accordance with Rule XXIII of RA 9184.
10. Recommend to the Head of Procuring Entity the use of Alternative Methods of procurement as provided in Rule XVI of RA 9184.
11. Create a Technical Working Group(TWG) from a pool of technical, financial, and/or legal experts
2. BAC Secretariat
1. Provide administrative support to the BAC.
2. Organize and make all necessary arrangements for BAC meetings and conferences.
3. Prepare minutes of meetings and resolutions of the BAC.
4. Take custody of procurement documents and other records.
5. Manage the distribution of Bidding Documents to interested bidders.
6. Advertise and/or post bidding opportunities, including Bidding Documents, and Notices of Awards.
7. Assist in managing the procurement processes.
8. Monitor procurement activities and milestones for proper reporting to relevant agencies when required Consolidate PPMPs from various units of the procuring entity to make them available for review.
9. Be the central channel of communications for the BAC with end-users, PMOs, other units of the line agency, other government agencies, providers of goods, infrastructure projects and consulting services, observers and the general public.
3. Technical Working Group
1. Assist the BAC in the preparation of the bidding documents, ensuring that the same properly reflects the requirements of the Procuring Entity and that these conform to the standards set forth by R.A. 9184, its IRR-A and the PBDs prescribed by the GPPB.
2. Assist the BAC in the conduct of eligibility screening of prospective bidders, and in the short listing of prospective bidders in case of biddings for consulting services.
3. Assist the BAC in the evaluation of bids and prepare the accompanying reports for the BAC’s consideration and approval.
4. Assist the BAC in the conduct of post-qualification activities and prepare the post-qualification summary report for the BAC’s approval.
5. Assist the BAC and BAC Secretariat in preparing the resolution recommending award, with regard to the technical aspect, if necessary. Provide utmost priority to BAC assignments over all other duties and responsibilities, until the requirements for the procurement at hand are completed (Jury Duty).