2014-10-29

NPM 096-2014

Requesting Entity: Balamban Water District (BWD)

Issues Concern: Head of the Procuring Entity in Water Districts

 

Details

Whether it is the General Manager or the Board of Directors who is the Head of the Procuring Entity of a Water District (Government-owned and Controlled Corporation).

Section 5(t) of the IRR of RA 9184 provides that the Head of the Procuring Entity (HOPE) refers to: (i) the head of the agency or body, or his duly authorized official, for NGAs and the constitutional commissions of offices, and branches of government; (ii) the governing board or its duly authorized official for GOCCs, GFIs and SUCs; or (iii) the local chief executive, for LGUs.

It is a well-settled doctrine in a long line of cases decided by the Supreme Court that local water districts (LWDs) are considered as government owned and controlled corporations (GOCCs) with special charter.

From the foregoing, for purposes of conducting procurement activities under RA 9184 and its revised IRR, the BWD, as a GOCC, shall have its governing board or its duly authorized official as the HOPE pursuant to Section 5(t) of the revised IRR of RA 9184. As such, the Board shall exercise the functions of the HOPE as provided for in the procurement law, its associated rules and procedures. On the other hand, the General Manager, may be authorized by the Board, if it deems fit, to exercise the functions of the HOPE.