NPM No. 079-2016
Requesting Entity: Department of Budget and Management (DBM) Regional Office IX
Issues Concern: Documentary Requirements for Negotiated Procurement (Two-Failed Bidding)
Guidance on the eligibility requirements to be submitted when resorting to Negotiated Procurement (Two-Failed Bidding) under Section 53.1 of the 2016 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
Section V(D)(b)(i) of Annex "H" of the 2016 IRR provides that for Negotiated Procurement (Two-Failed Bidding), the BAC, after conducting mandatory review of the terms, conditions, specifications, and cost estimates, may revise and agree on the technical, legal, and financial eligibility requirements of the procurement activity x x x.
In light of such provision, Procuring Entities, in the interest of promoting economy and efficiency, are now given the discretion to determine which requirements must be submitted by bidders when resorting to Negotiated Procurement (Two-Failed Bidding) under Section 53.1 of the 2016 IRR. This gives Procuring Entities the authority to choose the eligibility documents necessary for the project, provided that a mandatory review has been conducted to determine the adjustments needed to address the previous failure of bidding.