NPM 077-2012

Requesting Entity: Bacolod City

Issues Concern: Nature of Business of the Bidder as Stated in the Mayor's Permit



Whether the submitted Mayor's Permit of the construction company that does not include the nature of business for the bidding of the "Garbage Collection and Hauling" project of the City of Bacolod could pass the eligibility requirements for said project.

A Mayor's Permit is in the nature of a business permit which authorizes the person, natural or otherwise, to engage in business or some commercial activity. Consequently, a prospective bidder's business as stated in the Mayor's Permit should at the very least be similar to the project to be bid.

[T]he "Garbage Collection and Hauling" project envisions not simply the pulling, dragging, and transport of garbage, but also the proper collection, transfer, storage, processing, and recycling of Bacolod City's solid waste. Although a construction company collects and hauls materials, aggregates, equipment, tools, and implements in the course of its construction work, such collection and hauling work may not be considered or treated to be within the purview of garbage collection and hauling.

In addition, appropriate environmental licenses and permits must be secured by a prospective bidder from relevant government agencies, such as but not limited to, the Department of Environment and Natural Resources (DENR), to be able to engage in garbage collection and hauling, which may also factor in safety, sanitary, health, and labor standards, which a construction company engaged in hauling of construction materials, aggregates, and others, may not possess.