Revised Terms for Alternative Procurement Methods
- For direct contracting under Section 53(a), the procuring entity must prepare a list of at least three suppliers, contractors, or consultants in good standing for invitation to bid.
- Negotiations occur with the bidder having the lowest calculated or highest rated bid, as applicable.
- If the initial bid is non-responsive to specifications and Approved Budget for the Contract (ABC), negotiation proceeds in ascending order until a responsive bid is found.
- The winning bid and contract award must be posted on the Government Electronic Procurement System (G-EPS) website, the procuring entity's website (if any), and a conspicuous place within the entity's premises.
- For direct contracting under Section 53(b), negotiations may be conducted with previous suppliers or those within the vicinity of a calamity or emergency, provided they are in good standing.
- Similar posting requirements for contract awards apply.
Fixed Contract Prices and Currency Provisions
- Contract prices are considered fixed and not subject to escalation during implementation, except under extraordinary circumstances and with prior approval from the Government Procurement Policy Board (GPPB).
- Contracts should be denominated and paid in Philippine currency; this must be specified in bidding documents.
- Subject to GPPB guidelines, payments may be allowed in foreign currency if stated in the bidding documents.
- For bid evaluation and comparison, bids denominated in foreign currency are converted using the exchange rate prevailing on the day of bid opening.
Preservation of Other Provisions
- All other provisions of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act No. 9184 remain unchanged.
Effectivity and Publication
- The amendments take effect immediately upon publication in a newspaper of general circulation.
- Official promulgation was done by the President and the Executive Secretary in Manila on May 8, 2006.