NPM No. 084-2016
Requesting Entity: City of Manila
Issues Concern: Adjacent or Contiguous
Whether the additional works that you plan to procure may be classified as "adjacent or contiguous" to your on-going infrastructure project so that you can procure the same through the corresponding alternative method of procurement
At the outset, it seems that the additional works described as Concrete, Roofing, and Steel Works should be necessarily part of the original infrastructure project for the construction of a school building, which must already be usable and structurally sound even without the additional works to be procured. Thus, we wish to remind you of the prohibition on splitting of contracts under Section 54.1 of the 2016 Revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184.
Assuming arguendo that the subject contract to be negotiated are only additional works to the foregoing, [N]egotiated Procurement under the Adjacent or Contiguous modality, sanctioned by Section 53.4 of the IRR of RA 9184, may be resorted to only when all the conditions under the said provision are complied with and 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.