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

Requesting Entity: Department of Agriculture – Regional Field Unit No. 2 Issues Concern: Negotiated Procurement Details Whether or not negotiated procurement may be resorted to for the acquisition of a reduced quantity using the same ABC after two failures of bidding. [T]he conditions under which negotiated procurement may be undertaken after two failed biddings are clear continue reading : NPM No. 013-2008

Requesting Entity: Department of Education Issues Concern: Resort to Alternative Modes of Procurement Details How many failed procurement through the alternative mode of shopping is required before a procuring entity may resort to other alternative methods of procurement? Please be advised that a procuring entity may resort to any of the alternative modes of procurement provided continue reading : NPM No. 010-2008

Requesting Entity: Metro Midsayap Water District Issues Concern: Infrastructure Projects Undertaken By Administration Details Request for approval to undertake “by administration” the pipelaying works for the Metro Midsayap Water District Supply System Improvement/Expansion Project. Please be advised that under the Revised Guidelines on Infrastructure Projects Undertaken by Administration, it is the Secretary of Public Works, and continue reading : NPM No. 011-2008

Requesting Entity: City of Muntinlupa Issues Concern: Advance Payment Details Whether or not down payment amounting to fifty percent (50%) of the contract price may be released on the purchase of fire fighting equipment based on the representation of the supplier that said initial payment is a common practice in said industry. A careful reading of continue reading : NPM No. 008-2008

Requesting Entity: City of Iligan Issues Concern: Splitting of Contracts Details Whether or not the separation of the procurement of pipes (goods) from civil works (infra) in the implementation of a water supply project constitutes splitting of contracts as prohibited under Section 54 of the IRR-A of RA 9184. [T]he proposed scheme does not constitute splitting continue reading : NPM No. 009-2008