NPM 106-2012

Requesting Entity: E. M. Cuerpo

Issues Concern: Correct Basis of Performance Security



Which between the Approved Budget for the Contract and Contract Price should be the basis for the amount of performance security?

Section 39.2 of the IRR of RA 9184 is clear that the Performance Security, whether in the form of cash, cashier's/manager's check, bank draft/guarantee or irrevocable letter of credit, surety bond callable upon demand, or any combination thereof, should be equal to the percentage of the total contract price. A similar provision appears under Clause 32.2 of the Instruction to Bidders (ITB) of the Philippine bidding Documents (PBDs) for the Procurement of Infrastructure Projects.