NPM No. 047-2017
Requesting Entity: ENERGY UTILIZATION MANAGEMENT BUREAU (EUMB) - DEPARTMENT OF ENERGY (DOE)
Issues Concern: Procurement of Energy Efficient Goods
Whether the adoption of specific energy efficiency measures as provided in the 2017 General Appropriations Act (GAA) and as directed by President Duterte, will merit government offices to resort to alternative methods of procurement.
[S]ection 10 of RA 9184 and its 2016 IRR mandate that all procurement shall be done through Competitive Bidding, except when resort to alternative methods of procurement is warranted by attending circumstances. Alternative methods of procurement may be resorted to only in highly exceptional cases provided in Sections 49 to 53 of RA 9184 and its 2016 IRR, including the Consolidated Guidelines for the Alternative Methods of Procurement (Guidelines) found in Annex “H” of the 2016 IRR of RA 9184. In addition, the selection of the alternative method of procurement is dependent on the presence or absence of specific conditions and requirements that justify the use of a particular alternative modality.
Accordingly, in the procurement of energy efficient lighting, environment-friendly alternative fuel vehicles, or any energy-consuming products, devices and equipment, Procuring Entities may adopt the most suitable or appropriate method of procurement that it deems fit based on its identified needs and requirements and the best way these needs may be addressed and satisfied, taking into consideration that the primary mode of procurement is competitive bidding, and alternative methods of procurement may be resorted to only under highly exceptional circumstances provided for by the procurement law, its IRR and the associated Guidelines.