Procedure for the procurement of consulting service - DOH

NEGOTIATED PROCUREMENT
1. NEGOTIATED PROCUREMENT DEFINED
DOH CUSTOMIZED PROCUREMENT MANUAL VOLUME 4 2010
Negotiated Procurement is a method of procurement whereby the procuring entity directly
negotiates a contract with a legally, technically and financially capable consultant (Section 53 of
the revised IRR).
2. RULES AND GUIDELINES
2.1 NEGOTIATED PROCUREMENT DEFINED
Negotiated procurement is a method of procurement of goods, infrastructure projects and
consulting services, whereby the procuring entity directly negotiates a contract with a
technically, legally and financially capable supplier, contractor or consultant (Section 53 of
the revised IRR).
2.2 APPLICABILITY (WHEN TO USE)
Negotiated procurement must be resorted to only if:
2.2.1 Two – Failed Bidding
Where there has been failure of public bidding for the second time as provided in
Section 35 of the Act and the revised IRR;
2.2.2 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.
2.2.3 Take-Over of Contracts
Take-over of contracts, which have been rescinded or terminated for causes
provided for in the contract and existing laws, 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;
2.2.4 Adjacent or Contiguous
Where the subject contract is adjacent or contiguous to an on-going Infrastructure
Project or Consulting Service where the consultants have unique experience and
expertise to deliver the required service: Provided, however, that (a) the original
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