NPM 031-2012

Requesting Entity: Philippine National Railways

Issues Concern: Negotiated Procurement (Emergency Cases)



Whether the BAC can proceed to Negotiated Procurement (Emergency Cases) after a first failed bidding under Republic Act (RA) 9184 and its Implementing Rules and Regulations (IRR).

[T]he application of Negotiated Procurement in Emergency Cases contemplates the following instances:

1.In case of imminent danger to life or property during a state of calamity;
2.When time is of the essence arising from natural or man-made calamities;
3.Other causes where immediate action is necessary to prevent damage to or loss of life or property; and
4.To restore vital public services, infrastructure facilities and other public utilities.

The procuring entity need not wait for the occurrence of two failed biddings prior to entering into Negotiated Procurement under Emergency Cases if warranted by valid, lawful, reasonable and justifiable conditions and circumstances allowing the use of the proposed alternative modality that would be most advantageous to the procuring entity taking into consideration the principles of competition, economy and efficiency in public procurement.

However, in case the conditions and circumstances needed for alternative modes of procurement are not present, then a second public bidding should be resorted to x xx.