Requesting Entity: Philippine Health Insurance Corporation Issues Concern: Coverage of the Indemnification Package Details 1. Whether or not Section 72 in relation to Section 73 of R.A. 9184 can be legally interpreted to cover other officers, particularly PhilHealth’s selected third level officers whose regular functions “occassionally” include direct involvement and participation in procurement activities. [S]hould the continue reading : NPM No. 024-2008

NPM 025-2008 Requesting Entity: Philippine Health Insurance Corporation Issues Concern: Acquisition of Publishing Services Details Whether or not acquiring the services of a publisher which shall print, reproduce, and distribute PhilHealth authored books is covered by the provisions of R.A. 9184 and its IRR-A when no public money will be spent for its acquisition. While it continue reading : NPM No. 025-2008

Requesting Entity: Department of Finance Issues Concern: Negotiated Procurement under Section 53 (b) Details Whether or not Negotiated Procurement under Section 53 (b) of IRR-A may be resorted to in case of an electric power shutdown due to a breakdown of a transformer. In accordance with Section 10 of R.A. 9184, the procuring entity shall, as continue reading : NPM No. 020-2008

Requesting Entity: Office of the President Issues Concern: Definition of Exclusive Dealer Details Definition of “exclusive dealer” in the context of Section 50 (c) of the IRR-A. [N]either RA 9184 and its IRR-A nor the Generic Procurement Manuals (GPMs) provides for a categorical definition of the term “exclusive dealer”. Likewise, the GPPB has not issued any continue reading : NPM No. 019-2008

Requesting Entity: RPB Commercials Issues Concern: Completed Similar Project Details Whether or not the requirement that the value of the completed project similar to the contract to be bid must be at least fifty percent (50%) of the approved budget for the latter applies only to contracts involving infrastructure projects and not to contracts involving the continue reading : NPM No. 016-2008

Requesting Entity: Department of Budget and Management – Regional Office X Issues Concern: Negotiated Procurement Details Whether or not PHIVIDEC Industrial Authority (PIA) may resort to Negotiated Procurement under Section 53 (b) of the IRR-A in undertaking its infrastructure project. [T]he determination of the existence of the conditions when prompt action is necessary to prevent damage continue reading : NPM No. 017-2008

Requesting Entity: Bangko Sentral ng Pilipinas Issues Concern: Bids and Awards Committee Details Whether or not it is legally feasible to set the structure and create plantilla positions for BAC members thereby reassigning officials thereto on a permanent basis. [T]he creation of plantilla positions for the BAC on a permanent basis is not sanctioned under RA 9184. Under said law continue reading : NPM No. 018-2008

Requesting Entity: Social Security System Issues Concern: Post-Qualification Period Details Whether or not the BAC may still proceed with its recommendation to award the contract to the bidder with the lowest calculated and responsive bid even if the three (3) month procurement period within which to complete the procurement process had already lapsed. [T]he GPPB is continue reading : NPM No. 014-2008

Requesting Entity: PLD Construction Issues Concern: Variation Order Details Whether or not the implementing agency may refuse payment of work conducted as a variation order. It is clear from [Item 3 of Annex “E” of the IRR-A of RA 9184] that unless the condition or situation under which you decided to carry on the change order continue reading : NPM No. 015-2008

Requesting Entity: Occupational Safety and Health Center Issues Concern: Canteen Concessionaire Details Whether or not RA 9184 and its IRR-A apply to contracts for canteen concessionaires. [A] concessionaire usually pays a monthly rental fee to the owner of the real property or office space it is utilizing. As such, this type of transaction is often classified continue reading : NPM No. 012-2008