2008-12-17

NPM 050-2008

Requesting Entity: City of Iloilo

Issues Concern: Designation of Local Chief Executive's Representative

 

Details

1. Who may be designated as Local Chief Executive representative for purposes of signing documents related to the procurement process?

Inasmuch as the nature and form of the delegation of power that the LCE may bestow upon his/her "duly authorized representative" is not categorically defined under R.A. 9184 and its IRR-A, it is the considered opinion of the GPPB-TSO that the said representative designated by LCE is one who is such by virtue of a written instrument and who possesses the requisite qualifications and none of the disqualifications under the law. Further, the LCE must ensure that check and balance is maintained, and the person s/he duly designates as his/her representative is not given a designation that may conflict with their designation as such.

In addition, for purposes of consistency with the requirements on designating members of the BAC, TWG, and BAC Secretariat, it is opined that the LCE's "duly authorized representative" should, among others, possess the following:

  1. Plantilla position in the LGU concerned;
  2. Integrity;
  3. Procurement proficiency; and
  4. Appropriate rank.


2. Can the duly designated representative of the LCE approve BAC Resolutions recommending change in mode of procurement from public bidding to any of the alternative modes and recommending the short list of consultants?

[I]t is expressly stated under Section 48.1 of IRR-A that the procuring entity may, in order to promote economy and efficiency, resort to any of the alternative methods of procurement provided in the Rule subject to the approval of the HOPE or his duly authorized representative, and whenever justified by the conditions provided in the Act. Thus, the LCE, through his representative, may approve the recommendation of the BAC to deviate from the default mode of public bidding.

The LCE, may not, however, delegate the authority to approve a BAC resolution recommending the short list of consultants. Under Section 24.15.4 of the IRR-A only the HOPE or the LCE may approve the BAC resolution recommending the said short list, in view of the familiar maxim, expressio unius est exclusio alterius, or express mention means implied exclusion.

Accordingly, it is our opinion that your agency may prescribe standards or additional requirements to properly ensure that the character and form by which the representative of the LCE would be duly authorized is in accordance with law and public policy.