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Designation of Alternate HOPE?

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Designation of Alternate HOPE?

Post by engrjhez® on Wed Jun 29, 2011 2:46 am

From the law-gical point of view, HOPE was defined to be:
Head of the Procuring Entity. Refers to: (i) the head of the agency or body, or
his duly authorized official, for NGAs and the constitutional commissions or 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: Provided,
however, That in an agency, department, or office where the procurement is
decentralized, the head of each decentralized unit shall be considered as the Head of
the Procuring Entity, subject to the limitations and authority delegated by the head
of the agency, department, or office.

Section 7.2 allows an alternate signatory for APP:
No procurement shall be undertaken unless it is in accordance with the approved
APP of the procuring entity. The APP shall bear the approval of the Head of the
Procuring Entity or second-ranking official designated by the Head of the Procuring
Entity to act on his behalf
, and must be consistent with its duly approved yearly
budget.

But Section 37.1.2 did not mention an alternate signatory for award:
37.1.2. Within a period not exceeding seven (7) calendar days from the date of receipt
of the recommendation of the BAC, the Head of the Procuring Entity shall
approve or disapprove the said recommendation. x x x


Further, exercise of Section 41 (Reservation Clause) seems to be exclusively vested to the HOPE. So here's a question:

Can the contract approving power of the HOPE be inherited by someone who assumes the position he/she occupies? If somebody will be designated in acting capacity of the position occupied by the HOPE due to temporary vacancy, can he/she decide on BAC recommendations?

Your opinions please. Smile
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Re: Designation of Alternate HOPE?

Post by sunriser431 on Wed Jul 06, 2011 10:22 am

engrjhez® wrote:
From the law-gical point of view, HOPE was defined to be:
Head of the Procuring Entity. Refers to: (i) the head of the agency or body, or
his duly authorized official, for NGAs and the constitutional commissions or 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: Provided,
however, That in an agency, department, or office where the procurement is
decentralized, the head of each decentralized unit shall be considered as the Head of
the Procuring Entity, subject to the limitations and authority delegated by the head
of the agency, department, or office.

Section 7.2 allows an alternate signatory for APP:
No procurement shall be undertaken unless it is in accordance with the approved
APP of the procuring entity. The APP shall bear the approval of the Head of the
Procuring Entity or second-ranking official designated by the Head of the Procuring
Entity to act on his behalf
, and must be consistent with its duly approved yearly
budget.

But Section 37.1.2 did not mention an alternate signatory for award:
37.1.2. Within a period not exceeding seven (7) calendar days from the date of receipt
of the recommendation of the BAC, the Head of the Procuring Entity shall
approve or disapprove the said recommendation. x x x


Further, exercise of Section 41 (Reservation Clause) seems to be exclusively vested to the HOPE. So here's a question:

Can the contract approving power of the HOPE be inherited by someone who assumes the position he/she occupies? If somebody will be designated in acting capacity of the position occupied by the HOPE due to temporary vacancy, can he/she decide on BAC recommendations?

Your opinions please. Smile
May I share section 204 of GAAM, in relation to the forum thread. Hopefully the whole context of the section 204 in GAAM could address the issues and concern presented. Smile

section 204. Appointment issued by an Officer-inchargeA person designated in an acting capacity may be differentiated from one who is designated merely as an Officer -in Charge (OIC). In the latter case, the OIC enjoys limited powers which are confined to functions of administrative and ensuring that the office continues its usual activities. The OIC may not be deemed to posses the power to appoint employees as the same involves the exercise of discretion which is beyond the power of an OIC (CSC Res. 1692, October 20 , 1978)
. bounce


Last edited by sunriser431 on Tue Aug 02, 2011 7:20 pm; edited 1 time in total
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Re: Designation of Alternate HOPE?

Post by engrjhez® on Wed Jul 06, 2011 10:39 am

Thanks sunriser. I have asked the GPPB-TSO regarding that matter and they said that whoever is in acting capacity of the position being defined as the HOPE shall have the same powers and responsibilities upon assumption.

Of course, everybody else's opinion matters. Smile
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Re: Designation of Alternate HOPE?

Post by sunriser431 on Wed Jul 06, 2011 10:44 am

engrjhez® wrote:Thanks sunriser. I have asked the GPPB-TSO regarding that matter and they said that whoever is in acting capacity of the position being defined as the HOPE shall have the same powers and responsibilities upon assumption.

Of course, everybody else's opinion matters. Smile
no problem engrjhez® as always, you are welcome. Smile
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Re: Designation of Alternate HOPE?

Post by aguada on Mon Aug 01, 2011 10:36 pm

it is stated in IRR Part A of RA 9184 that head of the procuring entity refers to the governing board or its duly authorized officials for GOCC. also stated in its' repealing clause that any of the following; presidential decree, rules and regulations,executive order, charter, memo, issuance and others contradicting the said act is hereby repealed of this RA.
My question is, why the COA (assigned to our agency) says that in local water district it is the general manager shall be the HOPE?(then she refers to PD 198;that board are policy making body) approval of BAC Resolution and Purchase Order should be the general manager when it is clearly stated in RA 9184 that the governing board shall be the HOPE...
Which one are we going to follow, RA 9184 or COA?
tnx

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Re: Designation of Alternate HOPE?

Post by engrjhez® on Tue Aug 02, 2011 10:31 am

aguada wrote:it is stated in IRR Part A of RA 9184 that head of the procuring entity refers to the governing board or its duly authorized officials for GOCC. also stated in its' repealing clause that any of the following; presidential decree, rules and regulations,executive order, charter, memo, issuance and others contradicting the said act is hereby repealed of this RA.
My question is, why the COA (assigned to our agency) says that in local water district it is the general manager shall be the HOPE?(then she refers to PD 198;that board are policy making body) approval of BAC Resolution and Purchase Order should be the general manager when it is clearly stated in RA 9184 that the governing board shall be the HOPE...
Which one are we going to follow, RA 9184 or COA?
tnx
Please update your references. We are now into the Revised IRR (no more Part A) of RA 9184 since 2009. The HOPE for GOCCs refers to the governing Board. That was already clear in the previous thread >>> http://gppb.topicsolutions.net/t1735-in-gocc-who-is-the-head-of-prucuring-entity?highlight=gocc

Follow RA 9184 (categorical) instead of the COA's interpretation. Smile
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Re: Designation of Alternate HOPE?

Post by aguada on Tue Aug 02, 2011 12:32 pm

Thanks for the clarrifications and sana d ka magsawa kakasagot sa questions ko kasi am still on my learning process of RA 9184...thank you !!!!

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Re: Designation of Alternate HOPE?

Post by engrjhez® on Tue Aug 02, 2011 1:34 pm

aguada wrote:Thanks for the clarrifications and sana d ka magsawa kakasagot sa questions ko kasi am still on my learning process of RA 9184...thank you !!!!

We are all in the learning process here. Nobody has the monopoly of knowledge. And that is the very foundation of this forum. Questions and answers (even comments) are always welcome. Thanks for participating. Smile
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Re: Designation of Alternate HOPE?

Post by aguada on Thu Aug 11, 2011 4:47 pm

please let me clarify as to who will sign the purchase order, HOPE or the General manager? for GOCC. because that is a big issue in our agency now.

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Re: Designation of Alternate HOPE?

Post by sunriser431 on Thu Aug 11, 2011 5:22 pm

aguada wrote:please let me clarify as to who will sign the purchase order, HOPE or the General manager? for GOCC. because that is a big issue in our agency now.
The Purchase order is another form of contract that binds the suppliers and the government agency for a partuular undertakings. Perusal of the eNGAS manual, the "instructions" provided thereat has specified the signatory of the "Authorized Official" has not been mentioned, although the guidelines is silient on the subject, I believe its the General Manager, provided with valid authority with the BOD. I do believe your agency auditor is correct in saying the BOD is a policy making body, however with respect to the daily operations and the implementations of its policy its the General Manager. bounce
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