NPM No. 032-2016

Requesting Entity: Ms. Villafana

Issues Concern: Mode of Procurement



Whether to conduct another competitive bidding or resort to the alternative method of procurement through Negotiated Procurement under the Two-Failed Biddings modality after two (2) failures of bidding


It is the Procuring Entity (PE) that has the sole authority and is in the best position to determine the appropriate method of procurement for a specific project based on its identified needs and requirements and the attendant circumstances. x x x Section 10 of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR) mandate that all procurement shall be done through Competitive Bidding, except when economy, efficiency and other relevant circumstances would justify resort to alternative methods of procurement. More importantly, these alternative methods of procurement shall be resorted to only in highly exceptional cases provided in Sections 49 to 53 of RA 9184 and its IRR.


Under Section 53.1 of the IRR of RA 9184, Negotiated Procurement through Two-Failed Biddings modality may be resorted to only where there has been failure of public bidding for the second time as provided in Section 35 of RA 9184 and its IRR.