Requesting Entity: Department of Agriculture (DA) Issues Concern: Emergency Cases Modality of Negotiated Procurement Details Whether the procurement requirements for the Aircraft Rental for Cloudseeding Operations in El Niño Affected Areas due to signs of adverse climate condition (drought/dry spell brought about by El Niño) falls within the second condition under Section 53 of the continue reading : NPM No. 036-2016

Requesting Entity: Kalinga-Apayao State College (KASC) Issues Concern: Discrepancy in the Summary of Detailed Cost Estimates Details Rules to be observed in case of discrepancy in the Summary of Detailed Cost Estimates [I]n case of discrepancy in the amount in words and in figures indicated in the Summary of Detailed Cost Estimates, the rule that continue reading : NPM No. 031-2016

Requesting Entity: Ms. Villafana Issues Concern: Mode of Procurement Details Whether to conduct another competitive bidding or resort to the alternative method of procurement through Negotiated Procurement under the Two-Failed Biddings modality after two (2) failures of bidding It is the Procuring Entity (PE) that has the sole authority and is in the best position continue reading : NPM No. 032-2016

Requesting Entity: University of the Philippines Open University Issues Concern: Incomplete Bill of Quantities Details Whether a bid is responsive if no price is stated in the columns for “Material” and “Labor” although there is a price indicated in the column for “Total” in the Bill of Quantities [A] bid that does not provide all continue reading : NPM No. 033-2016

Requesting Entity: Municipality of Pilar Issues Concern: Lease of Heavy Equipment / Construction Equipment in the Implementation of Infrastructure Projects by Administration Details Whether a procuring entity may lease construction equipment from a private contractor during the implementation of infrastructure projects by administration in accordance with the Revised Guidelines for the Implementation of Infrastructure Project continue reading : NPM No. 034-2016

Requesting Entity: AB Law Office Issues Concern: Advance Payment Details 1. Is the sixty-day period mentioned in Section 4.5 of the Contract Implementation Guidelines for the Procurement of Goods, Supplies, and Materials (Guidelines), a mandatory requirement such that the release of the mobilization fee must be made within such period? [C]onsidering the purpose of Advance continue reading : NPM No. 027-2016

Requesting Entity: Zamboanga City Water District Issues Concern: Free Legal Assistance Details 1. Whether the Bids and Awards Committee (BAC) members can avail of the Free Legal Assistance under Section 4.1 of the Guidelines (Guidelines) for Legal Assistance and Indemnification of BAC Members and its Support Staff Section 4.1.of the Guidelines provides that the coverage continue reading : NPM No. 028-2016

Requesting Entity: Rizal Technological University (RTU) Issues Concern: Leasing of Government Property Details Proper mode of procurement relative to lease of stalls to concessionaires within RTU’s buildings [L]easing out of a government-owned building for private use is not within the ambit of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR). continue reading : NPM No. 029-2016

Requesting Entity: Ormoc PC Specialist Issues Concern: Reservation Clause Details 1. Whether it is legal to cancel a bidding project instead of continuing the scheduled bid opening without any reason It is well settled in our jurisprudence that there is grave abuse of discretion (1) when an act is done contrary to the Constitution, the continue reading : NPM No. 030-2016

Requesting Entity: Thaumaturgy (Trade) Philippines (TP) Issues Concern: Capitalization of Markings on the Bid Envelopes Details Whether failure to use format, i.e., the bid envelope’s title and markings were not in capital letters as provided for in Instruction to Bidders (ITB) Clauses 20.1, 20.2 and 20.4 of the Philippine Bidding Documents PBD for the procurement continue reading : NPM No. 008-2016