Requesting Entity: Municipality of Canaman
Issues Concern: Resort to Negotiated Procurement
Whether the municipality may resort to negotiated procurement.
The Municipality may avail of negotiated procurement under Section 53(d) provided that the conditions hereunder are satisfied. However, please note that this is without prejudice to the provisions against splitting of contracts as provided under the IRR-A of R.A. 9184 and relevant Commission on Audit circulars and issuances on the matters. Specifically, Section 54.1 of the IRR-A.
Thus, it is only upon determination by the BAC that the requisite conditions exist, subject to the prior approval of the head of the procuring entity (HOPE), before negotiated procurement may be undertaken. In the same manner, the determination as to non-splitting of contracts lies within the responsibility of the BAC and the HOPE.