NPM 072-2013

Requesting Entity: Securities and Exchange Commission (SEC) Cebu Extension Office (CEO)

Issues Concern: Negotiated Procurement under Section 53.1 (Two-Failed Bidding) of Republic Act No. (RA) 9184 and its revised Implementing Rules and Regulations (IRR)



Whether the SEC-CEO Bids and Awards Committee should conduct a re-bidding or resort to negotiated procurement for the procurement of Consultancy Services for the Proposed Renovation of the SEC-CEO Building (Project), where the ground for the declaration of failure in one of the biddings is under Section 41 of the IRR of RA 9184.

SEC-CEO can only resort to Negotiated Procurement under Section 53.1 (Two-Failed Biddings) of the IRR of RA 9184 for the procurement of the Project if the two-failed biddings were due to circumstances enumerated under Section 35 of the same IRR. Since the other cause for the failure of bidding was the declaration by the HOPE pursuant to Section 41 of the IRR, Negotiated Procurement (Two Failed Biddings) cannot be resorted to under the circumstances.