Government Procurement Policy Board Technical Support Office(GPPB)

November 3, 2020 Dear Mr. Alonzo, Greetings! Thank you for your request dated Oct 14, 2020 12:45:58 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request: You asked for Failed Negotiated Procurement. Response to Request: When the Bids and Awards Committee (BAC) has declared another failure of procurement despite resorting to Negotiated Procurement under Two Failed Biddings, the BAC may still resort to the same negotiated modality considering that the conditions of Section 53.1 of the2016 revised IRR of RA No. 9184 are present. Resorting to negotiated procurement after two-failed biddings is not mandatory as the primary mode of procurement under Section 10 of the Procurement Law and its associated rules is Competitive Bidding. It is up to the Procuring Entity to resolve, in the interest of efficiency and economy, whether is it still best to resort to Competitive Bidding under Section 10 or Negotiated Procurement under Section 53.1 of the 2016 revised IRR of RA No. 9184 after the failure of bidding. We hope to have provided sufficient guidance on the matter. Note that our reply is based solely on the facts and circumstances presented in your email, and on the evaluation of the GPPB-TSO Officer assigned to address email and phone-in queries for the day. The same may not, therefore, be applicable given a different set of facts and circumstances, nor does it serve as the official position of the GPPB. Should there be other concerns, please do not hesitate to contact us. Thank you. Respectfully, GPPB-TSO FOI Decision Maker