Non-Policy Opinions

2004-12-10

NPM 152-2004

Requesting Entity: Armed Forces of the Philippines

Issues Concern: PADC’s Request for Priority in AFP Procurement Involving Maintenance of Aircraft and Supply of Aircraft Materials

 

Details

Whether or not AFP may enter into a Negotiated Procurement with PADC

Public bidding is the primary mode of procurement. This is the cogent command of R.A. 9184 and the alternative methods of procurement become significant only under highly exceptional situations where the general rule cannot be used to achieve the purpose for the procurement.

The alternative methods of procurement provided under the law are merely permissive or directory. They are not mandatory and they may be disregarded by the procuring entity if public bidding proves more advantageous, notwithstanding the exceptional character of environmental conditions. This thesis is enforced by Section 48.1 of the Implementing Rules and Regulations Part A of RA. 9184

Cursory reading of the above-quoted provision yields the clear legislative intent to keep the alternative methods merely as “alternatives” i.e., additional options which may be taken under certain justifiable conditions as specified under the law. They are not supposed to be used as “substitutes” for public bidding when the latter method is practicable