NPM 023-2007

Requesting Entity: Department of Energy

Issues Concern: Negotiated Procurement under Section 53 (b) of the IRR-A of R.A. 9184



Requesting exemption of landslide prevention and mitigation projects from the coverage of R.A. 9184.

In accordance with Section 10 of R. A. 9184, the procuring entity shall, as a general rule, adopt public bidding as a mode of procurement. However, in order to promote efficiency and economy, the procuring entity may resort to any alternative mode of procurement, subject to the approval of the head of the procuring entity and whenever justified by the conditions provided therein (Section 48, R.A. 9184). For example, under Section 53 (b) of the IRR-A, negotiated procurement may be resorted to during a state of calamity or when time is of the essence x x x.