NPM 049-2014

Requesting Entity: Philippine Ports Authority (PPA) - Port Management Office (PMO) Zamboanga

Issues Concern: Legal Documents for the Procurement of Individual Consultants



In the engagement of individual consultants, whether it is sufficient to require the following instruments as part of the legal eligibility documents engagement of individual consultants:

(1) Professional Regulation Commission (PRC) license and/or Professional Tax Return (PTR);
(2) Mayor’s Permit

In the engagement of consultants thru public bidding, procuring entities are proscribed from requiring additional eligibility requirements. The list of minimum legal, technical and financial eligibility has been streamlined/ simplified, such that only those requirements enumerated in Section 24.1of the revised Implementing Rules and Regulations of Republic Act No. 9184 are necessary for purposes of determining bidders' eligibility.

However, when resort to any of the alternative methods of procurement is warranted by the conditions set forth by the IRR of RA 9184, for instance, under Section 53.7 of the IRR, the procuring entity may undertake Negotiated Procurement in the engagement of highly technical consultants, and has the discretion as to what eligibility documents it will require, provided that it will be entering into a contract with a consultant that is legally, technically and financially capable to undertake the project.