Requesting Entity: Bendimil Construction and Development Corporation Issues Concern: PCAB License for Joint Ventures (JVs) Details Opinion relative to the requirement of a PCAB license for Joint Venture (JV) bidders and the stage at which it has to be submitted per the requirements embodied in Republic Act (RA) No. 9184 and its Implementing Rules and continue reading : NPM No. 009-2016

Requesting Entity: Department of National Defense Issues Concern: Tax Clearance Certificate Details Whether the DND-SBAC can allow the submission by the bidder of a substitute document in lieu of a Tax Clearance Certificate of its subcontractor. A bidder’s subcontractor who presented a Sworn Affidavit, in lieu of a tax clearance during the submission of bids, continue reading : NPM No. 010-2016

Requesting Entity: Climate Change Commission (CCC) Issues Concern: Designation of BAC Chairman Details Whether a highest ranking permanent employee, who is not an approving authority, may be designated as the BAC Chairman of CCC. [T]he highest ranking permanent employee referred to by the CCC, may be designated as BAC Chairman, provided that such employee possesses continue reading : NPM No. 011-2016

Requesting Entity: Speedex Construction and Development Corp. Issues Concern: Delayed Award of Contract Details HOPE Approval [T]he power of the HOPE to approve or disapprove the recommendations made by the BAC in the entire procurement process is a discretionary act as distinguished from a purely ministerial act . The decision to award a contract rests continue reading : NPM No. 012-2016

Requesting Entity: House of Representatives (HOR) Issues Concern: Multi-year contracts (MYCs) Details Whether a government agency may resort to multi-year contracts specifically for the procurement of office uniforms. Whether there are other forms of general support services that may be procured under multi-year coverage. [T]here is nothing in RA 9184 and its IRR that limits continue reading : NPM No. 013-2016

Requesting Entity: Poro Point Management Corporation (PPMC) Issues Concern: Period to Resolve Protest Details Whether the Head of the Procuring Entity (HOPE) may decide beyond the seven (7) calendar day period in accordance with Section 56 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184. [T]he HOPE has the obligation continue reading : NPM No. 014-2016

Requesting Entity: Philippine Normal University (PNU) Issues Concern: Approved Budget for the Contract (ABC) Details [T]he rules to be observed in cases where the procurement transactions do not involve an ABC, one of the information required to be posted at the Philippine Government Electronic Procurement System (PhilGEPS) website alongside the Invitation to Bid (IB). [R]egardless continue reading : NPM No. 015-2016

Requesting Entity: Department of National Defense (DND) Issues Concern: Blacklisting of an Agent Details [E]xtent of the application of a blacklisting order to an agent in accordance with Republic Act (RA) No. 9184, its Implementing Rules and Regulations (IRR) and the Guidelines for Blacklisting. Article 1897 reinforces the familiar doctrine that an agent, who acts continue reading : NPM No. 016-2016

Requesting Entity: Philippine Postal Savings Bank (PostBank) Issues Concern: Applicability of Republic Act No. 9184 Details Whether the proposed Memorandum of Agreement (MOA) for the use of Automated Teller Machines (ATMs) involving a revenue sharing scheme is a procurement activity within the coverage of Republic Act (RA) No. 9184 and its revised Implementing Rules and continue reading : NPM No. 017-2016

Requesting Entity: Municipality of Pagsanjan, Laguna Issues Concern: Method of Procurement Details Whether it is correct to use NGO Participation as a modality of Negotiated Procurement under Section 53.11 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 for the procurement of supply and installation of three (3) phase primary continue reading : NPM No. 018-2016