NPM No. 033-2015

Requesting Entity: Commission on Audit (COA) Department of Education Regional Office I .

Issues Concern: Negotiated Procurement (Emergency Cases)



Whether negotiated procurement adopted by DepEd Division Offices (DOs) is allowed for projects funded from the Quick Response Fund (QRF) for Calendar Year (CY) 2012 onwards for the repair, rehabilitation, reconstruction or replacement of school buildings affected by fire and other calamities provided in DepEd Memorandum No. 104, S. 2011.

DepEd DOs may still use negotiated procurement (emergency cases) for projects for CY 2012 onwards under the QRF, provided that the conditions enumerated in Section 53.2 of the revised IRR are present. Accordingly, the DepEd DOs, in the resort to Negotiated Procurement (Emergency Cases), must establish the existence of emergency situation(s) described under Section 53.2 of the revised IRR, and likewise provide for valid and lawful justifications for their adoption and implementation.

It is worthy to emphasize, however, that "[t]he emergency situation conceived must be real and not merely based on assumptions, surmises, or weak probabilities. Moreover, procuring entities must not in any way, directly or indirectly, cause or contribute to the emergency situation sought to be addressed." As such, the determination and accountability for the use of such modality, and the conditions and circumstances upon which these are based rest primarily with the head of the procuring entity (HOPE) or its delegated authority, upon prior recommendation of the Bids and Awards Committee (BAC).