NPM No. 060-2015
Requesting Entity: Palawan State University
Issues Concern: Approval of the Head of the Procuring Entity
Conduct of the procurement without first seeking the approval of the Board of Regents for bidding
After the approval of the Annual Procurement Plan (APP) by the Head of the Procuring Entity (HOPE), the Bids and Awards Committee (BAC) is authorized to undertake any procurement activity indicated therein, provided that it is strictly done in accordance with the duly approved APP.
[U]nder Section 37 of Republic Act No. 9184, the recommendation of the BAC to award the contract to the Lowest Calculated and Responsive BID (LCRB) or Highest Rated and Responsive Bid (HRRB) shall be subject to the approval of the HOPE or his duly authorized representative. For State Universities and Colleges (SUCs), the governing board or its duly authorized official is considered as the HOPE.
From the foregoing, while the BAC has the mandate to undertake the procurement activities indicated in the approved APP, the award of contract shall always be subject to the approval of the HOPE, that is, the governing board or its duly authorized official in case of SUCs.