Requesting Entity: Department of Budget and Management (DBM)
Issues Concern: Negotiated Procurement through Take Over of Contracts Modality
Whether the existence of a next lowest calculated/highest rated bidder is a prerequisite for Negotiated Procurement through Take-over of Contracts modality?
[T]he existence of a next lowest calculated/highest rated bidder is not a prerequisite for Negotiated Procurement under the Take-over of Contracts modality. For contracts that have been rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities, Procuring Entities may still resort to Negotiated Procurement under the Take-over of Contracts modality in case the original awardee for the contract is a Single Calculated Responsive Bidder/Single Rated Responsive Bidder, by inviting at least three (3) suppliers/contractors/consultants to submit their bids and complying with the other procedures laid down in Section V.D.3.(b)(iv) of the Consolidated Guidelines for the Alternative Methods of Procurement.