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Legal Function/Role of BAC Secretariat

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Legal Function/Role of BAC Secretariat

Post by redxet on Sat Oct 06, 2012 9:04 pm

Is the BAC Secretariat allowed to partcipate under the RA 9184 and its IRR in the deliberation and decision making of bidding and even in the tabulation of the propose bids of the bidders in the absence of the BAC members and the bidders on the second day? What particular legal and administrative remedy and sanction is necessary to correct such practice if there is any?
The BAC Chair allowed the Head of the BAC Secretariat to pronounce the decision of disqualifying Bidders submitting its bid document beyond the time and the non-compliance of bidder and even participated in the questioning /inquiring the bidders actively. The BAC Secretariat tabulated the bid amount of all bidders in the absence of the bidders and presented the tabulated bid cost of all bidders on the second day resumption of bidding. The BAC reviewed the tabulated bid cost in the presence of the bidders afterward.

Thank you

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Re: Legal Function/Role of BAC Secretariat

Post by jcolas on Sun Oct 07, 2012 3:35 pm

Is the BAC Secretariat allowed to partcipate under the RA 9184 and its IRR in the deliberation and decision making of bidding and even in the tabulation of the propose bids of the bidders in the absence of the BAC members and the bidders on the second day? What particular legal and administrative remedy and sanction is necessary to correct such practice if there is any?

Legally speaking, the BAC Secretariat can not participate in the deliberation. Nowhere can you find in the GPRA, that the BAC Secretariat is allowed to do such action. But in actual practice, their are BAC Secretariat who are more knowledgeable than the BAC themselves and who by express assent of the BAC chairman joins in the deliberation. I do not find nothing wrong in that as long as it is done by the BAC Secretariat professionally. But to join in the decision making is something unacceptable to me. Lalo na kung ito ay nakikita ng mga bidders. The better thing to do is for the BAC chairman to call for the BAC Secretariat in his chamber and ask the help of the BAC Secretariat. Their is no need for any legal or administrative Sanction sir; what is needed is just a little discretion, my dear watson...
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Re: Legal Function/Role of BAC Secretariat

Post by markshinoda on Fri Nov 04, 2016 12:20 pm

BAC Secretariat are not allowed in decision making as procurement process is concern. Only the BAC are allowed to deliberate/recommend and which will be approved by the HOPE. It is right, also that we can't find in the GPRA stating the BAC secretariat are allowed in making decision during bidding.
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Re: Legal Function/Role of BAC Secretariat

Post by pluma on Fri Nov 18, 2016 9:20 am

the BAC may ask clarifications on rules or affirmations if a certain subject abides by the rules from the secretariat and it may affect the decision of the BAC. The secretariat's function is to assist only.
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