NPM 017-2008

Requesting Entity: Department of Budget and Management - Regional Office X

Issues Concern: Negotiated Procurement



Whether or not PHIVIDEC Industrial Authority (PIA) may resort to Negotiated Procurement under Section 53 (b) of the IRR-A in undertaking its infrastructure project.

[T]he determination of the existence of the conditions when prompt action is necessary to prevent damage to or loss of life and property is entrusted by law to the sound discretion and prudence of the procuring entity based on its knowledge, experience, and technical expertise on the procurement at hand. The BAC may recommend the use of the alternative method of procurement after ascertaining that said method is justified pursuant to Section 53 (b), subject to the approval of the head of the procuring entity.