NPM No. 110-2017
Requesting Entity: Ms. Marissa Padua
Issues Concern: Repeat Order
Appropriate mode of procurement for the Procuring Entity`s Janitorial Services requirement for Calendar Year (CY) 2018 with an Approved Budget for the Contract (ABC) amounting to Ninety Nine Thousand Pesos (₱99,000)
At the outset, we wish to clarify that the determination of the appropriate method of procurement rests within the sole authority and accountability of the Head of the Procuring Entity (HoPE), as the approving authority, and the Bids and Awards Committee (BAC), as the recommendatory body.
Section 10 of Republic Act (RA) No. 9184 provides that all procurement, as a general rule, shall be done through competitive bidding. Alternative methods of procurement may be resorted to only in highly exceptional cases subject to the prior approval of the HoPE, and whenever justified by the conditions for each alternative modality specified in Sections 49 to 53 of the 2016 revised Implementing Rules and Regulations (IRR) of RA 9184, and Annex “H” of the same 2016 IRR.
[T]he procuring entity may consider resorting to Negotiated Procurement (Small Value) modality as sanctioned by Section 53.9 of the 2016 revised IRR; taking into account that the ABC of the agency, i.e., Ninety Nine Thousand Pesos (₱99,000), for its procurement of janitorial services falls within the prescribed threshold in Annex “H” of the 2016 revised IRR, that is, One Million Pesos (₱1,000,000.00).