GPPB Issues Simplified Guidelines on Negotiated Procurement under Emergency Cases amidst COVID-19 Pandemic

The Government Procurement Policy Board (GPPB) has simplified the government procurement process by issuing a guide for all Procuring Entities (PEs) in the conduct of their Procurement Projects under a state of calamity due to the COVID-19 pandemic. The following rules were approved through GPPB Resolution No. 03-2020 wherein PEs are allowed to apply the rules on Negotiated Procurement (Emergency Case) during a state of calamity given the COVID-19 pandemic:

  1. The Procurement projects covered under Negotiated Procurement (Emergency Cases) are goods, civil work projects as well as lease of real property or venues such as those used as quarantine centers, evacuation sites, medical relief and aid distribution locations, among others.

  2. The Bids and Awards Committee (BAC) need not be the one to recommend the revision of the Annual Procurement Plan (APP). End-user units or any other appropriate procuring units can also directly recommend revisions to the Head of the Procuring Entity (HoPE) subject to the availability of funds. Moreover, a separate written confirmation requirement from the HoPE is not needed prior to the approval of the contract.

  3. The HoPE may also authorize the End-user unit or any other appropriate procuring units to directly negotiate with a legally, technically, and financially capable supplier, contractor, or consultant. Hence, the BAC need not be the one to negotiate or procure.

  4. The HoPE is allowed to delegate the awarding of contracts to any official of the Procurement Entity, except to those where there exists conflict of interest.

The approval of the revised APP is based on the following requirements: (1) The HoPE must relate the projects to be procured to the emergency situation it is intending to address, (e.g. provision of food packs, lease of venue or real property for use as quarantine facilities, purchase of COVID-19 testing kits, among others); and (2) The HoPE shall validate from the appropriate office that there are funds in the budget to cover the Procurement Project

Moreover, under GPPB Resolution No. 05-2020, submission of a recently expired Mayor’s or Business Permit and an Official Receipt as proof of application and payment for the renewal of the permit as well as an unnotarized Omnibus Sworn Statement (OSS) will suffice subject to submission of the Mayor’s Permit and notarized OSS after award of contract.

For more information, PEs may refer to said GPPB Resolutions and the GPPB Non-Policy Matter Opinion (NPM) No. 003-2020 issued by the GPPB-Technical Support Office provided in this link:


https://drive.google.com/file/d/1Z0gpno8kNmUXZYjQEQdHcce1MbmKTcii/view?usp=sharing


Q: What is Negotiated Procurement (Emergency Cases)?
A: Negotiated Procurement (Emergency Cases) is an alternative mode of procurement where PEs directly procure from a legally, technically and financially capable supplier, distributor, manufacturer, contractor or consultant.

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