EMERGENCY CASES

2012-04-04
NPM 031-2012
Details
Whether the BAC can proceed to Negotiated Procurement (Emergency Cases) after a first
failed bidding under Republic Act (RA) 9184 and its Implementing Rules and Regulations
(IRR).

[T]he application of Negotiated Procurement in Emergency Cases contemplates the following

instances:

1.In case of imminent danger to life or property during a state of calamity;

2.When time is of the essence arising from natural or man-made calamities;
3.Other causes where immediate action is necessary to prevent damage to or loss of life or property;
and
4.To restore vital public services, infrastructure facilities and other public utilities.

The procuring entity need not wait for the occurrence of two failed biddings prior to entering into
Negotiated Procurement under Emergency Cases if warranted by valid, lawful, reasonable and
justifiable conditions and circumstances allowing the use of the proposed alternative modality that
would be most advantageous to the procuring entity taking into consideration the principles of
competition, economy and efficiency in public procurement.

However, in case the conditions and circumstances needed for alternative modes of procurement
are not present, then a second public bidding should be resorted to x xx.

2012-08-08
NPM 095-2012
Details
Whether the O&M can be procured through Negotiated Procurement (Emergency Cases).

[T]he use of Negotiated Procurement premised on Section 53.2 of the revised IRR must be couched
upon actual circumstances and situations determined through a careful and meaningful assessment
of all causes supporting a reasonable conclusion that there is an incumbent or imminent danger to or
loss of life or property if the subject matter of the procurement is not procured immediately through
negotiation based on an emergency.

2017-12-29
NPM No. 084-2017
Details
(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.