NPM 124-2012

Requesting Entity: Office of the New Bilibid Prison - Bureau of Corrections (BuCor)

Issues Concern: Procurement of Catering Services



Whether catering services fall under the Goods category.

Although x x x under Section 5(r) of the IRR shows that catering services is not among those expressly included as general support services, nonetheless, catering services fall under the classification of "related or analogous services" that are deemed necessary and essential to the operations of the Procuring Entity (PE). Accordingly, catering services fall under the category of Goods as provided in RA 9184 and its IRR, taking into consideration the nature, subject matter and purpose of the procurement activity.

Whether BuCor using the allotted budget for July 2012 may enter into a contract for more than six (6) months.

[A]s long as the procurement of catering service is reflected in the PE's 2012 APP, including the Approved Budget for the Contract (ABC), the Procuring Entity may proceed with the planned public bidding, and the implementation of the contract may go beyond six (6) months as long as the specified budget particularly earmarked for the project is obligated within the validity period to cover the subject matter of the procurement at hand.

Whether BuCor can add the evaluation on the quality of food as additional Terms of Reference based on the specified criteria presented and upon evaluation by the Food and Nutrition Research Institute (FNRI).

The inclusion of identified parameters in the technical specifications on the quality of food to be procured and the evaluation thereof by BuCor or FNRI based on a set of criteria in the TOR is allowed.