Requesting Entity: Department of Agriculture (DA)

Issues Concern: Emergency Cases Modality of Negotiated Procurement

Details

Whether the procurement requirements for the Aircraft Rental for Cloudseeding Operations in El Niño Affected Areas due to signs of adverse climate condition (drought/dry spell brought about by El Niño) falls within the second condition under Section 53 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184, i.e., when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property x x x.

In resorting to Emergency Cases modality of Negotiated Procurement, or any other alternative method of procurement for that purpose, it is incumbent upon the PE to justify the presence of any of the conditions warranting its use. Thus, it is necessary to assess, evaluate, and determine that the grounds and causes adverted to, justifying the use of Negotiated Procurement through the Emergency Cases modality, are truly existing and the harm or danger or loss sought to be prevented are real and not merely based on speculation, surmise or weak probability.

For the third condition of Emergency Cases modality to apply, as being invoked, it must be couched upon actual circumstances and situations determined through a careful and meaningful assessment of all causes supporting a reasonable conclusion that there is an impending or imminent danger to or loss of life or property if the subject matter of the procurement is not procured immediately through negotiation based on an emergency. To reiterate, however, the determination of whether this third condition of Emergency Cases modality covers a particular situation, such as the drought/dry spell brought about by El Niño, rests within the sole authority and accountability of the HOPE and the BAC of the PE.