Local Government Code of 1991

The results of the bidding shall be made public by conspicuously posting the same in the provincial capitol or city, municipal, or barangay hall. SECTION 365. Rule on Awards. - Awards in the procurement of supplies shall be given to the lowest complying and responsible bid which meets all the terms and conditions of the contract or undertaking. SECTION 366. Procurement Without Public Bidding. - Procurement of supplies may be made without the benefit of public bidding under any of the following modes: (a) Personal canvass of responsible merchants; (b) Emergency purchase; (c) Negotiated purchase; (d) Direct purchase from manufacturers or exclusive distributors; and (e) Purchase from other government entities. SECTION 367. Procurement through Personal Canvass. - Upon approval by the Committee on Awards, procurement of supplies may be effected after personal canvass of at least three (3) responsible suppliers in the locality by a committee of three (3) composed of the local general services officer or the municipal or barangay treasurer, as the case may be, the local accountant, and the head of office or department for whose use the supplies are being procured. The award shall be decided by the Committee on Awards. Purchases under this section shall not exceed the amounts specified hereunder for all items in any one (1) month for each local government unit: Provinces and Cities and Municipalities within the Metropolitan Manila Area: First and Second Class - One hundred fifty thousand pesos (P150,000.00) Third and Fourth Class - One hundred thousand pesos (P100,000.00) Fifth and Sixth Class - Fifty thousand pesos (P50,000.00) Municipalities: First Class - Sixty thousand pesos (P60,000.00) Second and Third Class - Forty thousand pesos (P40,000.00) Fourth Class and Below - Twenty thousand pesos (P20,000.00) SECTION 368. Emergency Purchase. - In cases of emergency where the need for the supplies is exceptionally urgent or absolutely indispensable and only to prevent imminent danger to, or loss of, life or property, local government units may, through the local chief executive concerned, make emergency purchases or place repair orders, regardless of amount, without public bidding. Delivery of purchase orders or utilization of repair orders pursuant to this section shall be made within ten (10) days after placement of the same. Immediately after the emergency purchase or repair order is made, the chief of office or department making the emergency purchase or repair order shall draw a regular requisition to cover the same which shall contain the following: (a) A complete description of the supplies acquired or the work done or to be performed; (b) By whom furnished or executed; (c) Date of placing the order and the date and time of delivery or execution; (d) The unit price and the total contract price; (e) A brief and concise explanation of the circumstances why procurement was of such urgency that the same could not be done through the regular course without involving danger to, or loss of, life or property; (f) A certification of the provincial or city general services or the municipal or barangay treasurer, as the case may be, to the effect that the price paid or contracted for was the lowest at the time of procurement; and (g) A certification of the local budget officer as to the existence of appropriations for the purpose, the local accountant as to the obligation of the amount involved, and the local treasurer as to the availability of funds. The goods or services procured under this section must be utilized or availed of within fifteen (15) days from the date of delivery or availability. Without prejudice to criminal prosecution under applicable laws, the local chief executive, the head of department, or the chief of office making the procurement shall be administratively liable for any violation of this section and shall be a ground for suspension or dismissal from service. SECTION 369. Negotiated Purchase. - (a) In cases where public biddings have failed for two (2) consecutive times and no suppliers have qualified to participate or win in the biddings, local government units may, through the local chief executive concerned, undertake the procurement of supplies by negotiated purchase, regardless of amount, without public bidding: Provided, however, That the contract covering the negotiated purchase shall be approved by the sanggunian concerned. Delivery of purchase orders or utilization of repair orders pursuant to this section shall be made within seven (7) days after placement of the same. Immediately after the negotiated purchase or repair order is made, the local chief executive concerned shall draw a regular requisition to cover the same which shall contain the following: (1) A complete description of the supplies acquired or the work done or to be performed; (2) By whom furnished or executed; (3) Date of placing the order and the date and time of delivery or execution; (4) The unit price and the total contract price; (5) A certification of the provincial or city general services of the municipal or barangay treasurer, as the case may be, to the effect that the price paid or contracted for was the lowest at the time of procurement; (6) A certification to the effect that the price paid or contracted for was the lowest at the time of procurement; and (7) A certification of the local budget officer as to the existence of appropriations for the purpose, the local accountant as to the obligation of the amount involved, and the local treasurer as to the availability of funds. (b) In case of repeat orders for regular supplies, procurement may be made by negotiated purchase: Provided, That the repeat order is made within three (3) months from the last procurement of the same item: Provided, further, That the same terms and conditions of sale are obtained for the said repeat order. SECTION 370. Procurement from Duly Licensed Manufacturer. - Procurement may be made directly from duly licensed manufacturers in cases of supplies of Philippine manufacture or origin and in case there are two (2) or more manufacturers of the required supplies, canvass of the known manufacturers shall be conducted to obtain the lowest price for the quality of the said supplies. SECTION 371. Procurement from Exclusive Philippine Agents or Distributors. - Procurement may, in the case of supplies of foreign origin, preferably be made directly from the exclusive or reputable Philippine distributors or agents, subject to the following conditions: (a) That the Philippine distributor has no subdealers selling at lower prices; and (b) That no suitable substitutes of substantially the same quality are available at lower prices. SECTION 372. Procurement from Government Entities. - Procurement may be made directly from the government entities producing the required supplies, including units or agencies of foreign governments with which the Philippines maintains diplomatic relations. In the latter case, prior authority from the Office of the President shall be required. SECTION 373. Annual Procurement Program.