Requesting Entity: NPC - Visayas Operations and Maintenance
Issues Concern: Negotiated Procurement under Section 53 (a)
Seeking guidance in the conduct of Negotiated Procurement and in accepting alternative documents in place of tax returns filed and paid through EFPS.
Pursuant to Section 53 (a) of R.A. 9184 and its IRR-A, one of the conditions under which a procuring entity may resort to Negotiated Procurement is when there has been a failure of public bidding for the second time, for causes/circumstances provided under Section 35 of R.A. 9184 and its IRR-A x x x.
Furthermore, in the conduct of Negotiated Procurement under Section 53 (a) of R.A. 9184 and its IRR-A, the procuring entity directly negotiates a contract with a technically, legally and financially capable suppliers, contractor or consultant. The procedural requirements for the conduct thereof are provided in Section 54.2 (b) of the IRR-A.
We would like to point out that in cases where the HOPE has made a determination that a government contract involving an amount of at least PhP500,000,000.00 or more falls under any of the exceptions from public bidding, the HOPE, before proceeding with the alternative methods of procurement, shall obtain the approval of the GPPB that said government proposed procurement undertaking falls within the exceptions from public bidding, and that the proposed specific alternative method of procurement is appropriate.
Anent the second concern, we would like to note that in Negotiated Procurement, the procuring entity must directly negotiate with a technically, legally, and financially capable supplier, contractor, or consultant. Hence, all eligibility and bidding requirements, including tax returns filed and paid through the EFPS, are still required to be submitted.