NPM 054-2009

Requesting Entity: Zamboanga City Water District (ZCWD)

Issues Concern: Head of Procurement Entity (HOPE) in Water Districts



1. Who may be considered as the Head of the Procuring Entity for water districts?

Under Section 5(t) [of the revised IRR of RA 9184], the head of the procuring entity in GOCCs refers to the governing board or its duly authorized official.

Hence, even though the General Manager is considered as the first (1st) ranking permanent employee in the plantilla position of local water districts, s/he is not considered as the head of the procuring entity, unless duly authorized by the Board of Directors.

2. Who can be designated as the Chairperson of the BAC for water districts?

Section 11.2.2 (a) of the IRR of RA 9184 provides that the BAC Chairperson should be at least a third (3rd) ranking permanent official of the procuring entity. The exceptions to this rule are made clear under Section 11.2.5 of the same IRR and COA Circular No. 2003-004, dated 30 July 2004.

Hence, it may be aptly deduced [therefrom] that any official holding at least a third (3rd) ranking position in the local water district's plantilla may be designated as the BAC Chairperson, except for the following:

(i) Head of the procuring entity;
(ii) Approving official; and
(iii) Chief Accountant and the personnel of the Accounting Unit of any agency of government or those officials who are tasked to approve payment vouchers.