NPM No. 091-2016

Requesting Entity: PEA Tollway Corporation (PEATC)

Issues Concern: Two-Failed Biddings; Foreign Bidders



Competitive Bidding as Default Method of Procurement Negotiated Procurement; Two-Failed Biddings Modality


Being the default method of procurement, a procuring entity may still conduct competitive bidding after the occurrence of a second failure of bidding. However, should there occur two (2) failures of bidding due to any of the grounds under Section 35 of RA 9184 and its IRR, the BAC may resort to Two-Failed Biddings Negotiated Procurement modality under Section 53.1 of the 2016 Revised IRR of RA 9184 upon prior approval of the HOPE, in order to promote economy and efficiency, subject to the provisions of the Consolidated Guidelines for the Alternative Methods of Procurement


Foreign Suppliers


In the procurement of goods, a procuring entity may only consider local suppliers for award of procurement contract, whether through Competitive Bidding or any alternative method of procurement. As an exception, foreign bidders can participate in the procurement of goods when any of the conditions under Section of the 2016 Revised IRR of RA 9184, subject to the provisions of the Guidelines in the Determination of Eligibility of Foreign Suppliers, Contractors, and Consultants to Participate in Government Procurement Projects.