NPM No. 135-2016
Requesting Entity: Don Mariano Marcos Memorial State University (DMMMSU)
Issues Concern: Observers
Clarification on the remedy available to the procuring entity in the event that no observer, as required under Section 13.1.1(a) of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, is available in a specific area (La Union).
Section 13.1.1(a) of the 2016 Revised IRR of RA 9184 x x x does not impose any requirement that the duly recognized private group, from which one (1) of the observers will be coming from, shall be located within the same geographical area of the procuring entity.
[F]or purposes of complying with Section 13.1.1(a) of the 2016 Revised IRR of RA 9184, it is sufficient that the BAC was able to invite, in writing, an observer from a private constructors group duly registered with the SEC or CDA such as the Philippine Constructors Association, Inc. or the National Constructors Association of the Philippines, Inc., even though they are not located in the same geographical area of the procuring entity, at least five (5) calendar days before the date of the procurement stage or activity pursuant to Section 13.3 of the 2016 Revised IRR. It also bears stressing that the absence of observers will not nullify the BAC proceedings.
Negotiated Procurement (Emergency Cases)
The adoption of Negotiated Procurement under any of the Emergency Cases situations should seriously consider the imminence of danger to life or property; element of time; immediacy of action to prevent damage to or loss of life or property; and, restoration of vital public services, infrastructure facilities and other public utilities, such that under any of these extraordinary circumstances procurement through competitive bidding cannot be performed, or is impracticable, to timely, immediately and actually address the needs of the procuring entity.
Upon determination by the Honorable Administrator, based on the recommendation of the BAC, LWUA may resort to Negotiated Procurement under Emergency Cases taking into serious consideration the extraordinary circumstances provided for under Section 53(b) of RA 9184 and Section 53.2 of its associated IRR, and when procurement through competitive bidding cannot be performed, or is impracticable, to timely, immediately and actually address the needs of the procuring entity.