Requesting Entity: Office for Transportation Security (OTS) Department of Transportation and Communications (DOTC)
Issues Concern: Delegation of the Executive Assistant for Budget and Finance Concerns as Provisional Member of the BAC
Whether the Head of the Procuring Entity (HOPE) can appoint as provisional member of the BAC the Executive Assistant (EA) for Budget and Finance Concerns, who is considered as the HOPE's alter-ego, without violating Section 11.2.5 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
[T]he prohibition stated in Section 11.2.5 of the IRR of RA 9184 is limited to the HOPE and/or the approving authority wherein they cannot be the Chairman or a member of the BAC. [I]t is the approving authority that may be deemed the alter-ego of the HOPE. Thus, for the Alter-Ego Principle to apply, the EA should be the designated approving authority by the HOPE; otherwise, the principle will be inapplicable.
Based on the foregoing, x x x the EA for Budget and Finance Concerns may be designated as provisional member of the BAC provided that s/he is not the approving authority disqualified under Section 11.2.5 of the IRR of RA 9184; and s/he possesses all the qualifications of a provisional member under Section 11.2.2(d) and (e) of the IRR of RA 9184.