Requesting Entity: Mary Curt Builders & Construction Supply
Issues Concern: Status of Opinion under NPM 39-2004
Whether the opinion stated in Non-Policy Matter No. 39-2004 relative to Section 23.11.2 (3) of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act (RA) No. 9184 subsists and may still be considered in the interpretation of Section 220.127.116.11 of the Revised IRR of RA 9184.
Section 18.104.22.168 of the revised IRR and Section 23.11.2(3) of the IRR-A pertain to the same rule. x x x the revised IRR provision x x x adopts the same rule that the value of the single largest completed similar contract submitted by a bidder should be at least fifty percent (50%) of the Approved Budget for the Contract (ABC) to be bid when adjusted to current prices using the National Statistics Office consumer price indices.
Considering that the legal bases for the discussions in NPM 39-2004 have been maintained in the revised IRR, x x x our view espoused in NPM 39-2004 subsists and may still be considered in relation to Section 22.214.171.124 of the Revised IRR, specifically, that it is not enough for a bidder to show that it has the capacity to undertake the completion of the project under consideration by satisfying the eligibility criterion on single largest completed contract; the bidder should also be able to show that the project under consideration is within the allowable range of contract cost of its PCAB registration to be considered eligible to bid in the project.