Capitol’s BAC lineup illegal?

Gen services, legal office are even represented?
by: DEMS REY DEMECILLO

The Bids and Awards Committee (BAC) of the provincial government, which approves multi million peso projects for the province, is reportedly composed of people who are not strictly holding positions in accordance with implementing rules of the Government Procurement Reform Act 9184 under GPPB Resolution 01-2004.

Provincial Attorney Erwin Vergara was asked whether this irregular composition of the bids and awards committee of the capitol is illegal, thus, putting its entire proceedings in the past under question.

The capitol’s lawyer has yet to give his opinion, which can still be put to a final legal test, according to a private stakeholder.

Stakeholders are those taxpayers and the general public who are the end users of all public works projects as well as those who are participating as winning or losing bidders.

Under the GPPB Resolution, it says: “The BAC (Bids and Awards Committee) shall be composed of one representative each from the regular offices under the office of the local chief executive (governor or mayor) such as, but not limited to the following: (see fotos) Offices of the Administrator (Ms Marilou Kho, provincial administrator) Budget Officer (Ms Marichu Abiera- Alpuerto, provincial budget officer, who is BAC chairperson) the legal officer (not represented); Engineering Office (Provincial Engineer, Susano Ruperto) and General Services (not represented); Other present BAC members include: Provincial Board Sec. Atty. Jun Villahermosa ( Sanggunian is not under the Office of the Governor); Danilo Mendez, (provincial treasurer under the Dept of Finance); and Dr. Dante Domingo (chief, provincial hospital, under the devolved Department of Health).

The GPPB resolution further provides that: “The end user office shall always be represented in the BAC,” probably the NOPH chief. “The chairman of the BAC shall occupy plantilla position, (chair is the budget officer of the province) of the procuring entity concerned.”

“The BAC members designated by the governor or mayor to the BAC shall at least be five but not more than seven. In no case shall the governor or mayor be the chairman, nor be a member of the BAC.”

EXCLUSION.

With the apparent exclusion of the General Services chief and the legal officer from the BAC, it might arise to a question of inappropriate composition which may not be in accordance with the rules. If someone succeeds in questioning its composition, and be declared illegal, it might put all past transactions of the BAC in serious jeopardy, a concerned stakeholder told the media.

The just-retired GSO chief Atty. Pimpo Martinez used to be the BAC Chairman. His replacement Mr. Berchmans Patrimonio is not a BAC member.

Governor Emilio Macias II defended the integrity of his appointees in the BAC saying that public welfare is the paramount concern in assessing the performance especially of the BAC Secretariat.

However, another Capitol official who refused to be named said that it is high time that the administration follow the implementing rules and regulations of R.A. 9184 to dispel perception of the existence of an “old boys network” within the BAC itself.

The BAC has come under scrutiny after a concerned stakeholder bidder wrote this paper to criticize what he claimed to be as undue display of impartiality if not undue cajoling to certain bidders, a claim which the BAC secretariat flatly denied and whose statement was published in full in this paper last week.