NPM No. 084-2017
Requesting Entity: CITY OF MALOLOS WATER DISTRICT (CMWD)
Issues Concern: Negotiated Procurement (Emergency Cases)
(1) Can you resort to Negotiated Procurement under the Emergency Case Modality for the reason that water is considered a basic need.
The determination of existence of an emergency case lies solely with the Procuring Entity (PE), through the BAC and the HoPE. The BAC must justify why resort to Negotiated Procurement under Emergency Cases is warranted citing the applicable condition(s) and that upon determination that resorting to Negotiated Procurement is the most advantageous to the Government, recommend the same to the Head of the Procuring Entity for her approval. Upon approval of the latter, the PE may negotiate and enter into a contract subject to the procedures provided in Annex “H” of the 2016 IRR relative to the Consolidated Guidelines for the Alternative Methods of Procurement (Guidelines).
(2) Is there a threshold amount considering that the projected contract amount is at least Five Million Pesos (₱5,000,000.00).
There is no prescribed threshold amount in Competitive Bidding and in instances of alternative methods of procurement, except in Shopping and Negotiated Procurement through the Small Value Procurement modality under Sections 52 and 53.9 of the 2016 IRR of RA 9184, respectively.
(3) From whom will you seek approval aside from the Head of the Procuring Entity (HoPE).
Further approval of higher authority would depend on the organizational structure and enabling charter of the Procuring Entity. In GOCCs like the CMWD, the governing board or its duly authorized official shall be the HoPE. In case the governing board has delegated its authority and functions as HoPE to a duly authorized official, further approval by the Board as higher authority would depend on the terms and conditions of the delegation.
(4) Will the Notice of Award (NOA) be posted at the Philippine Government Electronic Procurement System (PhilGEPS).
In all instances of alternative methods of procurement, the BAC, through the Secretariat, shall post, for information purposes, the NOA, contract or purchase order, including notice to proceed if necessary, in the PhilGEPS website, the website of the PE concerned, if available, and at any conspicuous place reserved for this purpose in the premises of the PE, except for contracts with Approved Budget for the Contract (ABC) of Fifty Thousand Pesos (₱50,000.00) and below.