Emergency Procurement

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Emergency Procurement

Post by ipostcpa on Wed Jun 04, 2014 11:45 am

Revised IRR of 9184 states that:

Emergency Cases. In case of imminent danger to life or property during a state of
calamity, or when time is of the essence arising from natural or man-made calamities
or other causes where immediate action is necessary to prevent damage to or loss of
life or property, or to restore vital public services, infrastructure facilities and other
public utilities. In the case of infrastructure projects, the procuring entity has the
option to undertake the project through negotiated procurement or by administration
or, in high security risk areas, through the AFP.

However General Procurement Manual only mentioned this

If the procurement is being negotiated because of two previous failures of bidding or
in case of imminent danger to life or property, the BAC, through the BAC Secretariat,
issues invitations to at least three (3) suppliers of good standing for the latter to
negotiate a contract. The Procuring Entity may draw these suppliers from its list of
registered suppliers. The procedures for the conduct of public bidding should be
observed. However, the minimum period for each bidding procedure may be reduced.

There are many scenarios of emergency cases as mentioned in IRR, but GPM only mentioned in case of imminent danger to life or property as an emergency case. Therefore, May I ask if "at least three suppliers" is not required in other instances of emergency cases such as when time is of the essence arising from natural or man-made calamities
or other causes where immediate action is necessary to prevent damage to or loss of
life or property, or to restore vital public services, infrastructure facilities and other
public utilities. In the case of infrastructure projects, the procuring entity has the
option to undertake the project through negotiated procurement or by administration
or, in high security risk areas, through the AFP???

Please help me. Thank you.

ipostcpa

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Re: Emergency Procurement

Post by ipostcpa on Wed Jun 04, 2014 4:18 pm

any reply please??

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Re: Emergency Procurement

Post by RDV @ GP3i on Sat Jun 07, 2014 11:28 am

Hi, ipostcpa:

(I haven't participated in this forum for maybe a year already for reason that I really dont have the time, but I still believe in the importance of this forum.)

The discrepancy between the revised IRR and the GPM is because the latter has not yet been updated by GPPB. So, when you read the GPM you should be very careful, as it is still based on the provisions of the old IRR (IRR-A) which has already been superseded by the revised IRR, so it appears to be confusing.

In the case of Emergency Cases, invitation to at least three (3) suppliers/contractors is no longer required. It already allows direct negotiation with a legally, technically and financially capable supplier contractor of good standing with the procuring entity or any other government agency or a contractor/supplier located in the vicinity where the calamity or emergency occurred.

I hope I have clarified your concern.
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Re: Emergency Procurement

Post by ipostcpa on Sun Jun 08, 2014 4:04 pm

Thank you very much

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Re: Emergency Procurement

Post by regina avelino on Tue Jun 10, 2014 10:51 am

Hi sir RDV, welcome back.

I fully agree with sir RDV that there were discrepancies between the IRR of RA 9184 with that of the GPM and the former shall prevail over the latter, however, since COA has made such requirement under COA Circular No. 2012-001, it is but normal for some procuring agency to comply with the provided circular to prevent disallowance.   It is up to COA personnel assigned at each agency to reconsider such requirement upon explanation of the issue which majority of all agencies have no knowledge
of such discrepancy.

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Re: Emergency Procurement

Post by fe a. araya on Wed Jul 30, 2014 12:07 pm

Sir RDV,

Gud am. I, too, was not able to participate int his forum for not only 1 year. But thanks for your post regarding negotiated procurement during emergency cases such as the typhoon Yolanda and now, Typhoon Glenda. Reading your post, at least 3 canvasses or invitations to suppliers/contractors is no longer required. Am I correct if we can just communicate directly to the proposed supplier/contractor thru a letter advising him to submit his financial proposal, given the Scope of Work (say, in Infra) and the ABC? Will other supplier/contractor who are also technically and financially and in good standing not question us on why they were not invited to submit their proposals?
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