Non-Policy Opinions

2009-05-29

NPM 028-2009

Requesting Entity: Metro Cotabato Water District

Issues Concern: Purchase of Goods on an Emergency Basis

 

Details

Whether the Water District can purchase pump and motors for pumping stations on an emergency basis.

As a general rule, the procuring entity shall employ public bidding as a mode of procurement. However, in order to promote efficiency and economy, the procuring entity may resort to any of the alternative mode of procurement whenever justified by the conditions provided under the law.

Under the Government Procurement Reform Act (R.A. 9184), there are two ways by which a procuring entity can make an emergency purchase. They are the following:

(1) Shopping under Section 52 (a) of the IRR-A of R.A.
9184, which allows the procuring entity to purchase
goods when there is an unforeseen contingency requiring
immediate purchase, provided that the amount of the item
shall not exceed fifty thousand pesos (50,000); and

(2) Negotiated procurement under Section 53 (b), which
allows the procurement of goods, infrastructure projects
and consulting services "in case of immediate danger to
life or to property during a state of calamity, or when
time is of the essence arising from natural or man-made
calamities or other causes where immediate action is
necessary to prevent damage to or loss of life or
property, or to restore vital public services,
infrastructure facilities and other public utilities."