NPM 089-2014

Requesting Entity: Clark International Airport Corporation (CIAC)

Issues Concern: Procurement Period for Emergency Cases



Whether the CIAC-BAC may adopt emergency procurement timelines as it may deem fit in view of the urgency and exigency of the situation.

A careful review of the relevant provisions of RA 9184 and its revised IRR indicate no prescribed timelines or procedure for the use of Negotiated Procurement through Emergency Cases modality under Section 53.2. Nonetheless, we wish to stress that the decision to resort to this alternative modality must be attended by highly exceptional circumstances, subject to the approval of the Head of the Procuring Entity (HOPE), whenever justified by conditions provided under the law, taking into consideration the promotion of economy and efficiency in public procurement.