NPM No. 141-2016
Requesting Entity: Local Water Utilities Administration (LWUA)
Issues Concern: Exemption from Public Bidding
Jurisdiction of the GPPB
[I]t is beyond the authority of the Government Procurement Policy Board (GPPB) to grant exemptions from the application of RA 9184, its revised IRR, and associated issuances, as it does not have the mandate to provide exemption, legislate or limit the coverage of the law. This office has been consistent with its position that the GPPB cannot waive any of the provisions of RA 9184 and its IRR or allow any exemption from the application of the procurement law, rules and regulations in favor of procuring entities, suppliers, manufacturers, consultants and contractors. The GPPB, however, may render contemporaneous construction of the provisions of the law pursuant to its quasi-legislative fiat, and issue rules and regulations on the basis of its rule-making power.
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.