Requesting Entity: Fifth (5th) District, Pangasinan, House of Representatives

Issues Concern: Allowable Methods of Procurement in case of an Emergency


Although R.A. 9184 took effect on January 26, 2003, its provisions on Alternative Methods of Procurement cannot be fully implemented until its IRR is finally approved by the President and become effective. As such, the provisions on Alternative Methods of Procurement embodied in E.O. 40 and its IRR are still applicable until the IRR of R.A. 9184, takes effect. In this regard, Section 35.1.5 and Sec. 35.2 of the IRR of E.O. 40 which deal with Negotiated Procurement of goods and civil works respectively, may be applied. Thus, under E.O. 40, the applicable law on the matter, Negotiated Procurement may be resorted to in case of an emergency, provided that the situation is such that goods would have to be procured to avoid any detriment to public service, or a civil works project would have to be undertaken by virtue of calamity, where immediate action is necessary to prevent imminent loss of life and/or property or to restore vital public service, infrastructure and utilities.