NPM 029-2013

Requesting Entity: Bukidnon State University (BSU)

Issues Concern: Department of Labor and Employment (DOLE) Department Order (DO) No. 18-A



What items should be included in the minimum cost distribution formula?

[T]he Security Agencies and Group Supervision Division (SAGSD) of the Philippine National Police (PNP) x x x is the appropriate agency that can assist x x x in clarifying the components required in computing the minimum cost distribution formula, as provided in the IRR of RA 5487.

Whether the BAC can disqualify a bidder for failing to present proof of its compliance to Section 14 of DOLE DO No. 18-A considering that it was not included in the Instruction to Bidders (ITB) and no Bid Bulletin was issued.

Except for laws that are contrary to RA 9184 and its IRR, the compliance of participating bidders with all existing labor laws and standards such as DOLE DO No. 18-A is presumed and expected under RA 9184 and its IRR.

Whether a private security agency participating in government procurement may be required to register under Section 14 of DOLE DO No. 18-A, even if its registration under Section 17 of DOLE DO No. 18-02 has not yet expired.

BSU should seek the advice of the DOLE on the difference in the registration requirements under Section 14 of DOLE DO No. 18-A series of 2011, and Section 17 of DOLE DO No. 18-02 series of 2002.