Requesting Entity: Department of Education (DEPED) Division of Albay
Issues Concern: Sale of Bidding Document
Whether the sale of bidding documents may be dispensed with when the procuring entity resorts to negotiated procurement under emergency cases modality
[T]he Guidelines do not apply to all alternative modalities, but only to those that adopt processes and procedures akin to competitive bidding, such as Limited Source Bidding under Section 49 and Negotiated Procurement under Section 53.1 (Two-Failed Biddings) of the IRR of RA 9184 xxx .
Under Section 53.2 of the IRR of RA 9184, that is, Negotiated Procurement through Emergency Cases, procuring entities are allowed to directly negotiate with a legally, technically, and financially capable supplier or contractor for the procurement of the goods, works, and/or consulting services, provided that the required conditions, parameters or instances are present. Thus, the Guidelines for the Sale of Bidding Documents finds no application for acquisition, through negotiated procurement under Emergency Cases modality.