Unless sooner removed for a cause, the members of the BAC shall
have a fixed term of one (1) year reckoned from the date of appointment,
renewable at the discretion of the Head of the Procuring Entity.
In case of resignation, retirement, separation, transfer, re-assignment,
removal, the replacement shall serve only for the unexpired term:
Provided, That in case of leave or suspension, the replacement shall
serve only for the duration of the leave or suspension. For justifiable
causes, a member shall be suspended or removed by the Head of the
Procuring Entity.
SEC. 12. Functions of the BAC.
The BAC shall have the following functions: advertise and/or post
the invitation to bid, conduct pre-procurement and pre-bid conferences,
determine the eligibility of prospective bidders, receive bids,
conduct the evaluation of bids, undertake post-qualification proceedings,
recommend award of contracts to the Head of the Procuring Entity
or his duly authorized representative: Provided, that in the event
the Head of the Procuring Entity shall disapprove such recommendation,
such disapproval shall be based only on valid, reasonable and justifiable
grounds to be expressed in writing, copy furnished the BAC; recommend
the imposition of sanctions in accordance with Article XXIII, and
perform such other related functions as may be necessary, including
the creation of a Technical Working Group from a pool of technical,
financial and/or legal experts to assist in the procurement process.
In proper cases, the BAC shall also recommend to the Head of the
Procuring Entity the use of Alternative Methods of Procurement as
provided for in Article XVI hereof.
The BAC shall be responsible for ensuring that the Procuring Entity
abides by the standards set forth by this Act and the IRR, and it
shall prepare a procurement monitoring report that shall be approved
and submitted by the Head of the Procuring Entity to the GPPB on
a semestral basis. The contents and coverage of this report shall
be provided in the IRR.
SEC. 13. Observers.
To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the Commission on Audit, at least two (2) observers to sit in its proceedings, one (1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a non-government organization: Provided, however, That they do not have any direct or indirect interest in the contract to be bid out. The observers should be duly registered with the Securities and Exchange Commission and should meet the criteria for observers as set forth in the IRR.
SEC. 14. BAC Secretariat.
To assist the BAC in the conduct of its functions, the Head of the Procuring Entity shall create a Secretariat that will serve as the main support unit of the BAC. The Head of the Procuring Entity may also designate an existing organic office within the agency to serve as the Secretariat.
SEC. 15. Honoraria of BAC Members.
The Procuring Entity may grant payment of honoraria to the BAC members in an amount not to exceed twenty five percent (25%) of their respective basic monthly salary subject to availability of funds. For this purpose, the Department of Budget and Management (DBM) shall promulgate the necessary guidelines.
SEC 16. Professionalization of BAC, BAC Secretariat and Technical Working Group Members.
The GPPB shall establish a sustained training program for developing the capacity of the BACs, BAC Secretariats and Technical Working Groups of Procuring Entities, and professionalize the same.
