NPM 046-2008

Requesting Entity: Marinduque State College

Issues Concern: Bidding Process for Procurement of Security Services



1. Whether or not pre-qualification may be conducted on the same day as the pre-bid conference.

The conduct of a combined pre-bid conference and pre-qualification is not sanctioned under the law nor its IRR-A. In fact, GPPB Resolution No. 14-2006 clearly prescribes that there should be different dates for the conduct thereof.

Corollary thereto, the pre-qualification procedure provided under previous procurement laws, has been replaced by an "eligibility check" process under R.A. 9184 which utilizes a transparent, non-discretionary criteria. This eligibility screening involves a simple check of the presence or absence of required documents with the end in view of hastening the process and expanding competition.

2. What is the minimum duration of the contract for security services?

Neither R.A. 9184 nor its IRR-A provide for a specific period for the engagement of security services by a procuring entity. Nonetheless, pursuant to GPPB Resolution 24-2007 Re: Guidelines on the Procurement of Security and Janitorial Services, procuring entities may enter into multi-year contracts, but not to exceed three (3) years in the procurement of security services, subject only to certain conditions.

Hence, it can be surmised that it is up to the discretion of the agency concerned to determine the period of engagement on the basis of what is appropriate, necessary and reasonable under the circumstances. However, this discretion must be exercised at the opportune time, i.e. during the procurement planning, the project duration, among others, must be determined for purposes of subsequent inclusion in the Terms of Reference of the contract to be bid.

3. What is the basis for computation of bid security for the bidding on security services?

It is clear from the provision of Section 27.2 of the IRR-A that the amount of bid security shall be based on the ABC, and not on the bid amount.