NPM 070-2013

Requesting Entity: Department of Finance (DOF)

Issues Concern: Additional Participants in the Consultancy Service Contract



Whether additional qualified participants could attend the Masteral Degree Program covered by the Consultancy Service Contract between the DOF and Asian Institute of Management, with Approved Budget for the Contract in the amount of Twelve Million Six Hundred Thousand Pesos (Php12,600,000.00).

Section 61.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 provides that all bid prices shall be considered as fixed prices, and therefore not subject to price adjustment and escalation during the contract implementation. Moreover, Section 2 of Annex F of the IRR of RA 9184 reiterates the same principle and adds that any extension of the contract time shall not involve any additional cost. Lastly, Clause 55.6 of the General Conditions of the Contract of the Philippine Bidding Documents for the Procurement of Consulting Services provides that no additional payment for variation order, if any, shall be allowed for the consultancy contract.

[A]dditional participants may be sent to attend the program provided that there will be no increase in the original price of Php12,600,000.00.