Requesting Entity: People’s Credit and Finance Corporation Issues Concern: Applicability of R.A. 9184 to Beneficiaries of the People’s Development Trust Fund Details Whether or not R.A. 9184 applies to procurement activities undertaken by grant recipients or beneficiaries of the People’s Development Trust Fund (PDTF). R.A. 9184 governs the disbursement of public funds and the PDTF, which continue reading : NPM No. 033-2008

Requesting Entity: Overseas Workers Welfare Administration Issues Concern: Downwards Adjustment of ABC Details Whether or not the ABC may be adjusted downwards and the technical specifications changed without re-posting and/or re-advertising. Inarguably, the [GPPB Resolution 07-2005] provisions are clear and unequivocal. Hence, the well-established principle of statutory construction that where the law speaks in clear and continue reading : NPM No. 031-2008

Requesting Entity: Don Mariano Marcos Memorial State University Issues Concern: Interpretation of the Term Procuring Entity’s Engineer Details 1. Whether or not the “Procuring Entity’s Engineer” (PEE) referred to in the GPM on Infrastructure Projects pertain to any authorized representative of the procuring entity who may not be an engineer It appears that the problem lies continue reading : NPM No. 030-2008

Requesting Entity: National Telecommunications Office – Employees Union Issues Concern: Evaluation of TWG Report and Determination of Type of Procurement Details 1. Requesting GPPB to conduct a clear evaluation on the report of the TWG on the procurement. [P]lease be informed that the GPPB, although imbued with quasi-legislative or rule-making power to determine policy directions in continue reading : NPM No. 029-2008

Requesting Entity: N.S.D Detective and Security Services, Inc. Issues Concern: Notarization of Sample Forms Details Whether or not standard forms (SF-GOOD-13a and SF-GOOD-13b) submitted as part of the bid should be notarized. [U]nder Section 23.8 of the IRR-A of R.A. 9184 and Item 13.5 of the Instructions to Bidders of the Philippine Bidding Documents for the continue reading : NPM No. 028-2008

Requesting Entity: Land Bank of the Philippines Issues Concern: PhilGEPS Posting Requirement Details Whether or not posting of the IAEB with the PhilGEPS is necessary where the government agency concerned does not have sufficient information and communications technology, such as a website. At the outset, it must be stressed that posting of the IAEB at the continue reading : NPM No. 027-2008

Requesting Entity: Sugar Regulatory Administration Issues Concern: Clarification on GPPB Circular 01-2008 Details Whether or not the SEC clearance on no pending cases involving matters prejudicial to its corporate existence may be dispensed with from the list of eligibility requirements. Section 3.2 of GPPB Circular 01-2008 prohibits procuring entities from requiring, as a condition to eligibility, continue reading : NPM No. 026-2008

Requesting Entity: DBP Data Center, Inc. Issues Concern: Definition of Agency under GPPB Resolution 03-2007 Details 1. Whether or not the distinction made by GPPB Resolution 03-2007 between GOCCs incorporated under the Corporation Code and those created by special law is germane to the purpose or rationale of R.A. 9184. [N]ote the legal opinion of the continue reading : NPM No. 021-2008

Requesting Entity: Metro Iloilo Water District Issues Concern: Multi-Year Contract Details Whether or not multi year contracts for ten (10) years do not violate R.A. 9184 and its IRR-A. R.A. 9184 and its IRR-A are silent on the issue of multi-year contracts. Nonetheless, for guidance purposes, we would like your good office to take note of continue reading : NPM No. 022-2008

Requesting Entity: Hon. Representative Edgar S. San Luis Issues Concern: Resort to Alternative Modes of Procurement Details Expression of support for the Metropolitan Waterworks and Sewerage Authority efforts to secure the President’s approval for MWSS to directly negotiate for the MWSS Potable Water Supply Project. The accountability and responsibility for justifying the conditions for the use continue reading : NPM No. 023-2008