NPM No. 106-2015
Requesting Entity: Department of Social Welfare and Development Field Office National Capital Region (DSWD-NCR)
Issues Concern: Negotiated Procurement under Section 53.1 (Two Failed Biddings) of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184
After failure of Negotiated Procurement under Section 53.1 (Two-Failed Biddings) of the IRR of RA 9184, which of the two (2) options is allowed in accordance with the IRR of RA 9184:
(1) to conduct a Second (2nd) Negotiated Procurement under Section 53.1 (Two-Failed Biddings) of the IRR of RA 9184; or
(2) to conduct public bidding since the end-user modified the technical specifications of the Project, but without changing its ABC
When the BAC has declared another failure of procurement despite resort to Negotiated Procurement under Two Failed Biddings), the BAC may still resort to the same negotiated modality considering that the conditions of Section 53.1 of the IRR of RA 9184 are present.
[R]esort to negotiated procurement after two-failed biddings is not mandatory as the primary mode of procurement under Section 10 of the procurement law and associated rules is Competitive Bidding.
[I]t is up to the procuring entity to resolve, in the interest of efficiency and economy, whether is it still best to resort to Competitive Bidding under Section 10 or Negotiated Procurement under Section 53.1 of the IRR of RA 9184 after the two (2) failures of bidding.