NPM No. 073-2017


Issues Concern: Negotiated Procurement (Emergency Cases)



Whether PCED may opt to use alternative methods of procurement given that the situation is an emergency and that the repairs are needed as soon as possible (ASAP) to prevent loss or damage to life and property.

Alternative methods of procurement may be resorted to only upon prior approval of the HOPE, in order to promote economy and efficiency, and whenever justified by the conditions for each alternative method of procurement specified in Sections 49 to 53 of the IRR of RA 9184.

Accordingly, if PCED is considering resorting to Negotiated Procurement (Emergency Cases), or any other alternative method of procurement for that purpose, it is incumbent upon PCED to justify the presence of any of the conditions warranting its use. It is necessary to assess, evaluate, and determine that the grounds and causes adverted to, justifying the use of any of the alternative modality, such as Negotiated Procurement through Emergency Cases, are truly existing and the harm or danger or loss sought to be prevented are real and not merely based on speculation, surmise or weak probability.

The procuring entity (PE), through the HOPE and the BAC, is in the best position to determine and verify, after careful and meaningful assessment, the existence of the conditions warranting the use of alternative methods of procurement, i.e. Negotiated Procurement under the Emergency Cases modality.