NPM 107-2013

Requesting Entity: Office of the Provincial Governor Province of Leyte

Issues Concern: Negotiated Procurement (Emergency Cases); Contract Extension for General Support Services



Request for approval from the Government Procurement Policy Board (GPPB) to authorize the Province of Leyte (Province) to procure essential office equipment and supplies in Cebu or Metro Manila through Negotiated Procurement (Emergency Cases) as provided in Section 53.2 of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184, and extend the contracts of its existing service provider for an additional period of twelve (12) months.

Negotiated Procurement (Emergency Cases)
The Province may utilize Negotiated Procurement (Emergency Cases) for the procurement of essential office supplies and equipment upon determination by the Honorable Governor, upon the recommendation of the BAC of the Province, of the existence of any of the circumstances mentioned in Section 53.2 of the IRR of RA 9184.

Prior approval of the GPPB to resort to any of the alternative methods of procurement is not necessary, except where the Approved Budget for the Contract (ABC) amounts to at least Five Hundred Million Pesos (PhP500,000,000.00), as required under Executive Order No. 423, Series of 2005. The responsibility and accountability in determining and justifying the existence of conditions or circumstances warranting the use of any of the alternative methods of procurement provided in RA 9184 and its IRR rest primarily with the procuring entity.

Extension of Contracts for General Support Services
Prior approval of the GPPB to extend the ongoing contracts for general support services of the Province is not necessary, since it could do so as long as the requirements provided in the Revised Guidelines on the Extension of Contracts for General Support Services (Guidelines) issued by the GPPB through GPPB Resolution No. 23-2007 are complied with, specifically, Section 4, which enumerates the conditions when procuring entities may extend the duration or effectivity of an ongoing contract. Section 5 of the Guidelines also states that all contract extensions shall be subject to the prior approval of the HOPE upon recommendation of the BAC.