Requesting Entity: League of Vice Governors of the Philippines
Issues Concern: Request to for a Resolution Allowing the Vice Local Chief Executives to Approve Bids and Awards Committee (BAC) Resolutions and Sign Notices of Awards and such other Papers and Documents Pertinent to the Procurement of Goods and Services Using the Fund Allocation of the Sanggunian
Whether the Vice Local Chief Executives can Approve Bids and Awards Committee (BAC) Resolutions and Sign Notices of Awards
Having a single PE, all BAC Resolutions and Notices of Award pertaining to the procurement of the LGU, regardless of the end-user unit where separate funds are allocated, shall be approved and signed only by the HOPE or his duly authorized representative as mandated by RA 9184.
Section 37 of RA 9184 provides that the approval of the recommendation of the BAC and the issuance of Notice of Award shall be made by the HOPE or his duly authorized representative. xxx Thus, while Section 5(j) of RA 9184 limits the definition of HOPE to the LCEs for LGUs, Section 37 of the same law, on the other hand, recognizes the authority of the HOPE or his duly authorized representative to approve BAC Resolutions and sign Notices of Award. It must be ensured however, that prior to performing the functions of the HOPE, the subject representative must be properly clothed with legal authority to do so based on existing laws.