NPM No. 052-2016

Requesting Entity: Juvenile Justice and Welfare Council (JJWC)

Issues Concern: Negotiated Procurement (Two-Failed Biddings)



Whether JJWC may resort to Negotiated Procurement under the Two-Failed-Biddings modality considering that the first bidding was for the procurement of Asian Utility Vehicle, while the second bidding was for Sports Utility Vehicle procurement.

[N]egotiated Procurement through Two-Failed Biddings modality can be resorted to only if the original or the first mode of procurement, including the second failure, is Competitive Bidding and two-failed biddings were declared in accordance with Section 35 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
[T]he grounds mentioned for the failure of the two (2) biddings conducted by the JJWC, are: (1) change of specifications by the end-user; and, (2) failure of the supplier to deliver the vehicle subject of its offer, do not conform with the requirements of Two Failed Biddings warranting the Procuring Entity to use Negotiated Procurement under Section 53.1 (Two-Failed Biddings) of the revised IRR of RA 9184.