This case has been cited 1 times or more.
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2013-08-28 |
BERSAMIN, J. |
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| At any rate, the Court must point out that negotiated contracts are not per se illegal. A negotiated contract is one that is awarded on the basis of a direct agreement between the Government and the contractor, without going through the normal procurement process, like obtaining the prior approval from another authority, or a competitive bidding process. It is generally resorted to for convenience, or "when time is of the essence, or where there is a lack of qualified bidders or contractors, or where there is conclusive evidence that greater economy and efficiency would be achieved."[53] The Court has upheld the validity of a negotiated contract made pursuant to law, like a negotiated contract entered into by a City Mayor pursuant to the then existing Local Government Code,[54] or a negotiated contract that eventually redounded to the benefit of the general public, even if there was no specific covering appropriation pursuant to COA rules,[55] or a negotiated contract that was made due to an emergency in the health sector,[56] or a negotiated contract for long overdue repair and renovation needed to provide better health services.[57] | |||||