NPM 023-2008

Requesting Entity: Hon. Representative Edgar S. San Luis

Issues Concern: Resort to Alternative Modes of Procurement



Expression of support for the Metropolitan Waterworks and Sewerage Authority efforts to secure the President's approval for MWSS to directly negotiate for the MWSS Potable Water Supply Project.

The accountability and responsibility for justifying the conditions for the use of any of the alternative methods of procurement, like direct negotiation as being proposed by MWSS, rests primarily on the determination and recommendation of the BAC and the approval thereof by the head of the procuring entity or his duly authorized representative.

[T]he determination of whether MWSS's procurement of its bulk water supply falls within the exceptions from the conduct of public bidding and satisfies the conditions for resorting to direct negotiation, as the most appropriate alternative method of procurement, lies within the exclusive jurisdiction of the MWSS BAC, subject to the prior approval of the MWSS Board, as its HOPE, or its duly authorized representative.