Requesting Entity: Department of Social Welfare and Development (DSWD)

Issues Concern: Negotiated Procurement, Two-Failed Biddings

Details

Whether the DSWD Bids and Awards Committee-I (BAC-I) could evaluate a lone contractor who responded to the invitation to participate in Negotiated Procurement under Section 53.1 (Two Failed Biddings) of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.

Section 53.1.2 of the IRR of RA 9184 provides that where there has been a failure of public bidding for the second time, the BAC shall invite and engage in negotiations with a sufficient number of suppliers, contractors or consultants to ensure effective negotiations. Unlike in Shopping under Section 52.1(b), which requires at least three (3) quotations , the rules do not impose the same requirement to Negotiated Procurement (Two-Failed Biddings) under Section 53.1 of the IRR. The phrase “sufficient number of suppliers, contractors or consultant” refers to the minimum number of contractors that the PE must invite for the purpose of engaging in negotiation. Accordingly, if only one bidder responded to such invitation, the Procuring Entity may proceed with the Negotiated Procurement as long as it has invited contractors of a number that it deems sufficient to ensure competition in accordance with Section 53.1.2 of the IRR of RA 9184.