NPM No. 003-2018

Requesting Entity: Ms. Hannah Gomez

Issues Concern: Requirements for Two-Failed Biddings under the 2009 IRR



Inquiry on the required documents to be submitted by the winning supplier, or if its Price Quotation and Certificate of Availability of the items would already suffice, in the case of Negotiated Procurement (Two-Failed Biddings), under Section 53.1 of the 2009 revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.

[T]he same eligibility documents required in public bidding must likewise be submitted when resorting to alternative methods of procurement where there is competitive bidding or a semblance thereof is present, i.e. Limited Source Bidding and Negotiated Procurement (Two-Failed Biddings). Thus, the price quotation and certificate of availability of the items to be submitted by the bidders would not suffice. The bidder must submit the eligibility requirements under Section 23 for the procurement of goods and infrastructure projects, and under Section 24 for the procurement of consulting services.

Whether a Notice to Proceed (NTP) is still necessary to be issued by the Procuring Entity (PE).

As to whether there is necessity to issue an NTP when procuring under this Negotiated Procurement modality, the 2009 revised IRR is silent. Thus, it is not mandatory, but is not prohibited.