Section 41Sec./Art. 41

The BAC and its Composition. - Each Procuring Entity shall establish one or several BACs as warranted by the volume and complexity of the procurement project and to ensure the efficient and effective conduct of its procurement, as determined by the HoPE.

Each BAC shall have five (5) or seven (7) members, at the discretion of the HoPE. It shall be chaired by at least a third ranking permanent official of the Procuring Entity or in the absence thereof, a permanent official of the next lower rank other than the duly authorized representative of the HoPE. The members of the BAC shall be designated by the HoPE. However, in no case shall the HoPE or the approving authority be a member of the BAC and the Chief Accountant cannot be a regular member of the BAC.

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 designation, renewable at the discretion of the HoPE: Provided, That no member of the BAC shall serve for more than three (3) consecutive terms, except when allowed by the HoPE. In case of resignation, retirement, separation, transfer, reassignment, removal, or death, the replacement shall serve only for the unexpired term: Provided, further, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. For justifiable causes to be expressed in writing, a member shall be suspended or removed by the HoPE. For transfer of knowledge and experience, membership in the BAC shall allow for staggered designations, to be identified in the IRR.