Requesting Entity: City of Legazpi
Issues Concern: Negotiated Procurement (Emergency Cases)
Clarification on the propriety of resorting to Emergency Cases under Negotiated Procurement of Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR).
[S]ection 10 of RA 9184 and its IRR mandates that competitive bidding is the primary mode of procurement. Exceptions are allowed only under Rule XVI on alternative methods of procurement only if there is prior approval of the Head of the Procuring Entity (HOPE) and whenever it is justified by the conditions as well as to promote economy and efficiency.
Based on the foregoing, the HOPE and the BAC are in the position to determine the existence of the conditions and to validate the urgency of the situation. In case the circumstances needed for alternative modes of procurement are not present, then public bidding should be resorted to in the planned construction of classrooms.