NPM 009-2013

Requesting Entity: Agusan del Sur State College of Agriculture and Technology (ASSCAT)

Issues Concern: Hiring of a Private Lawyer



What are the necessary steps that should be undertaken by ASSCAT in order to retain the services of a private counsel after having failed to receive any quotations despite posting twice at the Philippine Government Electronic Procurement System (PhilGEPS) website and after having two (2) consecutive failures of competitive bidding activities for the procurement by ASSCAT for the same project?

ASSCAT may carefully consider the applicability of alternative methods of procurement to its acquisition x x x. It must be emphasized, however, that ASSCAT should sufficiently identify the existence and validity of the conditions or circumstances that warrant the use of the selected alternative procurement modality. In addition, the procuring entity has the discretion to resort to any of the alternative methods of procurement, subject to compliance with the parameters and factors laid out in RA 9184 and its associated IRR.