House Bill No. 130

The HB seeks to amend Sections 53 and 54 of Republic Act (RA) 9184 concerning the negotiated procurement and the terms and conditions for its application.

It seeks to impose the following conditions on Section 53 (b) of RA 9184:

1. The procuring entity shall draw up a list of at least three (3) suppliers or contractors which will be invited to submit bids, or
   
2. The negotiation shall be made with a previous supplier, contractor or consultant of good standing of the procuring entity concerned, or a supplier, contractor or consultant of good standing situated within the vicinity where the calamity or emergency occurred; and
   
3. The procedures for the conduct of public bidding shall be closely observed;
   
4. The procuring entity shall ensure that the most advantageous price for the government is obtained;
   
5. The prices agreed upon shall be considered as fixed prices, hence, not subject to price escalation during the contract implementation, except under extraordinary circumstances and upon approval of the Government Procurement Policy Board (GPPB);
   
6. The resort to negotiated procurement and the preferred supplier(s) and/or contractor(s) shall be published in two newspapers of general circulation before the conclusion of the contract;
   
7. All bidding documents shall be readily made available to the public during office hours.

Section 53 (c) of RA 9184 is then proposed to be amended as follows:

c. Take-over of contracts, which have been rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property,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: PROVIDED, THAT THE CONDITIONS SET IN PRECEDING PARAGRAPH ARE OBSERVED;

Lastly, the terms and conditions provided under Section 54 of RA 9184 is sought to be amended as follows:

SEC. 54. Terms and Conditions for the use of Alternative Methods. – THE PROCEDURAL REQUIREMENTS UNDER SECTION 17 (A), (C), (D), (E), (F), (G), (I), (J), AND SECTIONS 39, AND 40 OF THIS ACT SHALL SPECIALLY APPLY TO THE ABOVE ALTERNATIVE METHODS OF PROCUREMENT. The specific terms and conditions, including the limitations and restrictions, for the application of each of the alternative methods mentioned in this Article shall be specified in the IRR.

This HB was introduced on the 14th Congress by Honorable Representative Juan Edgardo M. Angara.

You may read the complete text of this HB by clicking here.