NPM No. 059-2017
Requesting Entity: MS. APRIL LEGASPI / Lorenze01@yahoo.com
Issues Concern: Authority of the HOPE to Enter into Procurement Contracts
Whether there is a need for the Sangguniang Bayan to pass a resolution authorizing the HoPE to enter into a negotiated contract after two (2) failure of biddings.
After the successful conduct of Negotiated Procurement (Two-Failed Biddings) by the BAC in accordance with Section 53.1 and Annex H of the 2016 IRR of RA 9184, there is no need for the local chief executive or HOPE to secure a separate authorization from the Sanggunian if the Appropriations Ordinance as enacted by the Sanggunian already contains the authorization as when it includes in “sufficient detail the project and cost of a capital outlay”, and what is left to be performed by the local chief executive, after undergoing the procurement process, is to execute the contract. On the other hand, if the Appropriations Ordinance is couched on generic terms, without specificity as to the project and the exact project cost, then there is a need for the local chief executive to secure a separate authority from the Sanggunian pursuant to the mandate of Section 22(c), RA 7160, the Local Government Code.