The New Government Procurement Act (NGPA) or Republic Act No. 12009 has adopted the Adjacent or Contiguous Negotiated Mode of Procurement from the Government Procurement Reform Act (GPRA) or Republic Act No. 9184. This mode of procurement is designed to ensure efficiency, economic benefits, and timely completion of projects. It applies to contracts that are adjacent or contiguous to ongoing infrastructure projects or consulting services, provided that:

• The original contract resulted from competitive bidding.

• The subject contract to be negotiated has a similar or related scope of work.

• It is within the contracting capacity of the contractor.

• The contractor uses the same or lower unit prices as in the original contract, excluding mobilization costs.

• The amount involved does not exceed the amount of the ongoing project.

• The contractor has no negative slippage.

• Negotiations for the procurement commence before the expiry of the original contract.

Additionally, this principle is extended to consultancy contracts, particularly when consultants possess the unique experience and expertise necessary to deliver the required services, thereby ensuring the highest standards of project outcomes.

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