Requesting Entity: Leyte National University (LNU)
Issues Concern: Negotiated Procurement (Two-Failed Biddings)
Whether LNU can be exempted from the requirement of the occurrence of two failed biddings under Section 53.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184 before resorting to the alternative modality of Negotiated Procurement (Two-Failed Biddings).
LNU cannot resort to Negotiated Procurement under Section 53.1 of the IRR of RA 9184 upon the instance of one failed bidding for its procurement project. Section 53 (a) of RA 9184 and Section 53.1 of its IRR clearly and categorically provide that Negotiated Procurement as an alternative method of procurement may be resorted to in case of two failed biddings as provided in Section 35 thereof. Both provisions of the existing rules on government procurement do not provide for any qualifications as to its applicability in the instance of one failed bidding.