Requesting Entity: Bantayan Security Agency & Allied Services, Inc.
Issues Concern: Negotiated Procurement under Section 53 (a)
Whether or not the present service provider may be considered in the conduct of negotiated procurement pursuant to Section 53 (a) of R.A. 9184 and its IRR-A.
[W]e would like to stress that the resort to Negotiated Procurement, whenever there has been a failure of bidding for the second time, under Section 53 (a) of the IRR-A of R.A. 9184, is merely an option available to the procuring entity. The BAC, in the exercise of its sound discretion, may still recommend to the HOPE resort to a third bidding.
If the procuring entity decides to resort to Negotiated Procurement, it shall draw up a list of at least three (3) suppliers, contractors, or consultants of good standing which will be invited to submit bids and negotiate with the bidder who submitted the lowest calculated bid or highest rated bid, whichever is applicable. If the offer of the bidder who submitted the lowest calculated bid or highest rated bid, whichever is applicable, is not responsive to the original specifications and ABC, negotiation shall be made in ascending order starting from the lowest offer. The bidder whose bid is found to be responsive to the original specifications and ABC shall be considered for award. In all cases, the award of cotnract shall be posted at the G-EPS website, website fo the procuring entity, if any, and in a conspicuous place within the premises of the procuring entity [Section 54.2 (b), IRR-A]
Thus, the preparation of the list of at least three (3) bidders of good standing whom they will be inviting to submit its bid is within the BAC's responsibility.