Good morning.
Regarding with the delegation of authority in the conduct of alternative mode of procurement (shopping, emergency, SVP), what is the extent of authority being delegated? Would it include the recommendation of the award? All the activities in the alternative mode would be conducted by the delegated authority? all the activities from posting to issuance of Notice to Proceed must be conducted?
What would be the role of the original BAC in a delegated authority to conduct the AMP?
Can a PE create a separate BAC that would conduct ALL the alternative mode of procurement rather than the BAC to delegate the conduct of certain AMP ?
Thank you.
Annex H of the IRR provides the answer to your queries:
Delegation of Authority.
The conduct of Shopping and Negotiated Procurement under Emergency Cases, Small Value Procurement and Lease of Real Property and Venue may be delegated to the End-user unit or any other appropriate bureau, committee, or support unit duly authorized by the BAC through a Resolution approved by the HOPE.
For Shopping under Section 52.1(a) due to the urgent nature of the attendant circumstances, the BAC and the HOPE through a Resolution and issuance for the
purpose,149 respectively, may delegate to specific officials, personnel, committee or office in the Procuring Entity the conduct of Shopping and award of contract to efficiently and expeditiously deal with the emergency sought to be addressed.
For Negotiated Procurement under Section 53.14, the BAC and the HOPE through a Resolution and issuance for the purpose, respectively, shall delegate to specific officials, personnel, committee or office in the Procuring Entity the conduct of Direct Retail Purchase to efficiently and expeditiously deal with the pressing need sought to be addressed.
For Negotiated Procurement under Emergency Cases under Section 53.2, the HoPE, through an issuance for the purpose, may delegate to either the BAC or the Enduser unit or any other appropriate bureau, committee, support or procuring unit the authority to directly negotiate with a legally, technically, and financially capable supplier, contractor, or consultant.
The HoPE may also delegate the awarding of contract under Negotiated Procurement (Emergency Cases) under Section 53.2 to any official of the procuring
entity except to the BAC Chairperson or members pursuant to Section 11.2.5 of the 2016 revised IRR of RA No. 9184 and other associated issuances or to any other official where there exists conflict of interest, such as those to whom the HoPE has delegated the authority to directly negotiate under the foregoing modality.
For record and monitoring purposes, all awards shall be immediately reported with all supporting documents to the HOPE, through the BAC, to ensure compliance with all the conditions and requirements provided for under R.A. 9184, its IRR and related guidelines.
As to creation of separate BAC, Sec.11.1.2 of the IRR is instructive:
"[T]he HoPE may create separate BACs where the number and complexity of the items to be procured shall so warrant. The BACs may be organized either according to: (a) geographical location of PMO or end-user or implementing units of the Procuring Entity; or (b) nature of procurement. Similar committees for decentralized and lower level offices may also be formed when deemed necessary by the HoPE."
Delegation of Authority.
The conduct of Shopping and Negotiated Procurement under Emergency Cases, Small Value Procurement and Lease of Real Property and Venue may be delegated to the End-user unit or any other appropriate bureau, committee, or support unit duly authorized by the BAC through a Resolution approved by the HOPE.
For Shopping under Section 52.1(a) due to the urgent nature of the attendant circumstances, the BAC and the HOPE through a Resolution and issuance for the
purpose,149 respectively, may delegate to specific officials, personnel, committee or office in the Procuring Entity the conduct of Shopping and award of contract to efficiently and expeditiously deal with the emergency sought to be addressed.
For Negotiated Procurement under Section 53.14, the BAC and the HOPE through a Resolution and issuance for the purpose, respectively, shall delegate to specific officials, personnel, committee or office in the Procuring Entity the conduct of Direct Retail Purchase to efficiently and expeditiously deal with the pressing need sought to be addressed.
For Negotiated Procurement under Emergency Cases under Section 53.2, the HoPE, through an issuance for the purpose, may delegate to either the BAC or the Enduser unit or any other appropriate bureau, committee, support or procuring unit the authority to directly negotiate with a legally, technically, and financially capable supplier, contractor, or consultant.
The HoPE may also delegate the awarding of contract under Negotiated Procurement (Emergency Cases) under Section 53.2 to any official of the procuring
entity except to the BAC Chairperson or members pursuant to Section 11.2.5 of the 2016 revised IRR of RA No. 9184 and other associated issuances or to any other official where there exists conflict of interest, such as those to whom the HoPE has delegated the authority to directly negotiate under the foregoing modality.
For record and monitoring purposes, all awards shall be immediately reported with all supporting documents to the HOPE, through the BAC, to ensure compliance with all the conditions and requirements provided for under R.A. 9184, its IRR and related guidelines.
As to creation of separate BAC, Sec.11.1.2 of the IRR is instructive:
"[T]he HoPE may create separate BACs where the number and complexity of the items to be procured shall so warrant. The BACs may be organized either according to: (a) geographical location of PMO or end-user or implementing units of the Procuring Entity; or (b) nature of procurement. Similar committees for decentralized and lower level offices may also be formed when deemed necessary by the HoPE."