Negotiated Procurement is a vital alternative mode of procurement under the Government Procurement Reform Act (GPRA) or Republic Act No. 9184, now adopted under the New Government Procurement Act (NGPA) or Republic Act No. 12009 to maximize efficiency and ensure a fit-for-purpose approach.
Under Section 53 of the GPRA, Negotiated Procurement is defined as a method of procurement of Goods, Infrastructure Projects, and Consulting Services, whereby the Procuring Entity directly negotiates a contract with a technically, legally, and financially capable supplier, contractor, or consultant in any of the fourteen (14) identified cases.
Under Section 35 of the NGPA , the types of Negotiated Procurement have been streamlined from fourteen (14) to thirteen (13), with Small Value Procurement now considered a separate mode. The Negotiated Procurement under NGPA are as follows:
(1)Two Failed Biddings
(2) Emergency Cases
(3) Take-over of Contracts
(4) Adjacent or Contiguous
(5) Agency-to-Agency
(6) Scientific, Scholarly or Artistic Work, Exclusive Technology and Media Services
(7) Highly Technical Consultants
(8) Defense Cooperation Agreements and Inventory-Based Items
(9) Lease of Real Property and Venue
(10) NGO Participation
(11) Community Participation
(12) United Nations (UN) Agencies, International Organizations or International Financing Institutions.
(13) Direct Retail Purchase of Petroleum Fuel, Oil and Lubricant (POL) Products, electronic charging devices, and Online Subscriptions
This act empowers the GPPB to amend or add new types of negotiated procurement, provided certain conditions are met. These conditions include the utmost necessity and justification from the Procuring Entity, the GPPB’s findings that existing modes are impossible or counterproductive, the distinctiveness and uniqueness of the goods, projects, or services, and other circumstances identified by the GPPB to address agency concerns.
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