NPM 039-2011

Requesting Entity: Himamaylan Water District (HWD)

Issues Concern: Head of the Procuring Entity (HOPE) in GOCCs



Clarifications on the propriety of appointing the Vice-Chairman of the Board of HWD as the Head of the Procuring Entity (HOPE) under Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR).

[S]ection 5(t) of the IRR specifically states that the HOPE refers to: ... (ii) the governing board or its duly authorized official, for GOCCs, GFIs and SUCs... It is clear from this provision that the HOPE of HWD is its governing Board, and the latter may delegate its functions to any other authorized official it may deem fit within the judicial institution. xxx

Based on the foregoing, we are of the view that the Board as the HOPE may authorize any official, such as the Vice Chairman of HWD, or any other competent official, with sufficient knowledge and experience for that matter, to exercise the duties, responsibilities and functions of the HOPE. The delegation is not limited to the General Manager being the first-ranking permanent employee, and furthermore, the IRR is silent as to the specific qualifications of the designee.