Requesting Entity: Laguna Lake Development Authority
Issues Concern: Resolution of the Bids and Awards Committee for the Use of Negotiated Procurement (Emergency Cases)
Whether the use of alternative method of procurement would still necessitate the recommendation of the Bids and Awards Committee considering the emergency character of the procurement.
[A]s a general rule, Section 10 of RA 9184 and its IRR prescribes that all procurement shall be done through competitive bidding. Alternative methods may be resorted to only in highly exceptional cases subject to the approval of the Head of the Procuring Entity (HOPE), and whenever justified by the conditions provided in the law. In addition, no procurement can be undertaken unless it is in accordance with the approved Annual Procurement Plan (APP) of the agency. Thus, if the procurement to be undertaken is not included in the APP, it is necessary that a supplemental APP or an amendment thereto be made incorporating the intended project to be procured.
It is the function of the BAC to recommend which alternative method may be utilized in the procurement of a specified project, subject to the approval of the HOPE or its authorized representative. When Negotiated Procurement (Emergency Cases) is adopted as an alternative method of procurement, it is incumbent upon the BAC to comply with the requirements specified under the procurement law and its associated rules.