Requesting Entity: Maasin Water District (MWD)
Issues Concern: Negotiated Procurement (Two-Failed Biddings)
When is negotiated procurement through two-failed biddings resorted to.
[U]nder Section 53.1 of the IRR of RA 9184, Negotiated Procurement through Two-Failed Biddings modality may be resorted to only where there has been failure of public bidding for the second time as provided in Section 35 of RA 9184 and its IRR. Accordingly, to warrant the use of this alternative method of procurement by the Procuring Entity (PE), there must be an occurrence of two failed biddings under Section 35 of RA 9184 and its IRR.
The requirement of two-failed biddings refers to two failures of Competitive Bidding as defined under Section 5(e) of RA 9184. The instances mentioned in Section 35 of RA 9184 and its IRR refers to grounds to declare failure of Competitive Bidding as a specific mode of procurement. Hence, Negotiated Procurement through Two-Failed Biddings modality can be resorted to only if the original mode of procurement is Competitive Bidding and two-failed biddings are declared in accordance with Section 35 of the IRR of RA 9184.