The GPPB has issued on December 6, 2006 Circular Letter No. 03-2006, clarifying the procurement process to be undertaken in case of the occurrence of natural or man-made calamities.
The circular reiterated the provision of Section 54.2(b) of RA 9184 and its IRR-A that the negotiated procurement is the appropriate alternative mode in case of calamity to undertake the necessary procurement to prevent damage to or loss of life or property, or restore vital public services, infra facilities and other public utilities.
What should be done. The procuring entity will simply have to negotiate with a previous supplier, contractor or consultant (depending on the item/project to be negotiated upon) in good standing who is situated within the vicinity where the calamity or emergency occurred. Please take note. The negotiation shall be with a single supplier, contractor or consultant instead of three.
Who are considered supplier, contractor, or consultant in good standing? The circular defines the term in good standing if the concerned supplier, contractor or consultant has not committed any breach of contract like short deliveries, unreasonable delays in delivery of goods or project implementation, delivery or completion of of defective goods or civil works; no negative slippage - in any previous transactions with the procuring entity or any other government entity.
Notwithstanding the simplicity of the procurement process in this case, the procuring entity is still required to post the award of contract in the GEPS, its own website and in its bulletin board.
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