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signatories

Post by needs legal opinion on Sun Jan 02, 2011 11:23 pm

Situation: BAC Chairperson is on approved leave from December 21 to December 30, 2010. During the said period, several duly approved TORs were presented before the BAC for its deliberation. Majority of the BAC members are willing to hold last minute meetings so as not to have the budget forfeited. But the BAC Chairperson wants to instill discipline to those responsible for late submission of the TORs and refuses to issue Notice of Meeting.

Question No. 1 - Considering that the BAC is a committee and that decisions are made by majority of the members of the BAC provided there is a quorum and that either the Chairperson or the Vice-Chairperson is present, can the other BAC members (which includes the Vice-Chairperson), after informing the BAC Chairperson (as a courtesy considering that he had manifested refusal to issue a notice of meeting) initiate to hold a meeting?

Question No. 2 - Who should sign the following procurement documents, in the absence/refusal of the BAC Chairperson:
1. Notice of BAC Meeting (agenda: pre-procurement, determination of mode of procurement); and
2. Invitation to Bid.

Any member will do or should it be the Vice-Chairperson?

thank you very much.

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Re: signatories

Post by RDV @ GP3i on Sun Jan 09, 2011 1:04 pm

needs legal opinion wrote:Situation: BAC Chairperson is on approved leave from December 21 to December 30, 2010. During the said period, several duly approved TORs were presented before the BAC for its deliberation. Majority of the BAC members are willing to hold last minute meetings so as not to have the budget forfeited. But the BAC Chairperson wants to instill discipline to those responsible for late submission of the TORs and refuses to issue Notice of Meeting.

Question No. 1 - Considering that the BAC is a committee and that decisions are made by majority of the members of the BAC provided there is a quorum and that either the Chairperson or the Vice-Chairperson is present, can the other BAC members (which includes the Vice-Chairperson), after informing the BAC Chairperson (as a courtesy considering that he had manifested refusal to issue a notice of meeting) initiate to hold a meeting?

Question No. 2 - Who should sign the following procurement documents, in the absence/refusal of the BAC Chairperson:
1. Notice of BAC Meeting (agenda: pre-procurement, determination of mode of procurement); and
2. Invitation to Bid.

Any member will do or should it be the Vice-Chairperson?

thank you very much.

from a neophyte bac member
Question

The Vice-Chair or the Alternate Chair, if one has been designated, will have to call BAC meetings and/or sign notices and invitations to bid.
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