Requesting Entity: Bases Conversion and Development Authority (BCDA)
Issues Concern: Negotiated Procurement – Adjacent or Contiguous
1. Can additional infrastructure works be classified as “adjacent or contiguous” to an on-going infrastructure project
Negotiated Procurement under the Adjacent or Contiguous Modality may only be resorted to upon compliance with all the requirement in Sections 53(d) of Republic Act (RA) No. 9184 and 53.4 of its 2016 revised Implementing Rules and Regulations (IRR). [T]he determination of the existence of all the legal conditions warranting resort to any of the alternative methods of procurement falls within the ambit of the authority and accountability of the Procuring Entity.
2. Can the Special Bids and Awards Committee (SBAC) delegate its authority to conduct the negotiated procurement to the project end-user
The conduct of Negotiated Procurement under Adjacent or Contiguous modality is not among those that may be delegated to the end-user unit or any other appropriate bureau, committee, or support unit in the procuring entity under Part IV(J) of Annex H of the 2016 revised IRR of RA No. 9184. The authority to approve or disapprove the use of alternative modes of procurement lies with the Head of the Procuring Entity or his/her duly authorized representative.