Requesting Entity: National Irrigation Authority (NIA) - Region V
Issues Concern: Negotiated Procurement - Adjacent or Contiguous
Can a proposed infrastructure project be procured through Negotiated Procurement (Adjacent or Contiguous) under Section 53.4 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
Section 53.4 of the IRR of RA 9184 provides that in the instance of a procurement of an infrastructure project or consulting services that is adjacent or contiguous to an ongoing infrastructure project or consulting services, the alternative modality of Negotiated Procurement may be resorted to. The phrase "adjacent or contiguous" refers to projects that are in actual physical contact with each other in the case of infrastructure projects. Thus, the physical connection of the two (2) projects should be actual and not superficial. The objective of this policy is to take the advantage of the economy and efficiency in engaging the contractor for the on-going project, and ensure that the two structures are soundly connected.
Under Section 53.4 of the IRR of RA 9184, NIA Region V should be able to establish not only the existence of the conditions under Section 53.4 of the IRR of RA 9184, but also that the Buildings 1 and 2 are in actual physical contact of each other. The determination of the existence of the conditions warranting resort to any of the alternative methods of procurement falls solely within the ambit of the authority and accountability of the Procuring Entity.