Section 30Sec./Art. 30

Unsolicited Offer with Bid Marching. - A mode of procurement wherein the Procuring Entity may consider unsolicited offers on a negotiated basis for Goods and Consulting Services: Provided, That the following conditions are met:

(a) The procurement involves a new concept or technology as determined by the HoPE; and

(b) The Procuring Entity has invited comparative or competitive bids.

The contract shall be awarded to the original offeror if: (1) no comparative or competitive bid is received within the period prescribed in the IRR; (20 the bids submitted by the comparative offerors failed at bid opening; or (3) the original offeror matched or submits a lower price proposal against the comparative or competitive bid.

For purposes of this mode of procurement, and when the new concept or technology is acceptable, the Procuring Entity may secure funds from available sources, subject to government budgeting, accounting, and auditing rules.