Requesting Entity: LRCA Trading, Inc. (LTI) Issues Concern: Requirements for a Valid Joint Venture Details Whether two companies having the same majority incorporators can validly enter into a joint venture agreement under Republic Act (RA) No. 9184 or the Government Procurement Reform Act. It is a well-settled doctrine that a corporation is invested by law continue reading : NPM No. 129-2014

Requesting Entity: City Government of Navotas Issues Concern: Outsourcing and Public-Private Partnership (PPP) Details 1. Whether the City Government of Navotas can undertake the acquisition of the following service centers of the hospital: laboratory, x-ray and ultrasound imaging, and pharmacy through Outsourcing and Public-Private Partnership. On the proposed outsourcing and PPP arrangement for the laboratory, continue reading : NPM No. 130-2014

Requesting Entity: Ms. Edcel Nacion Issues Concern: Shopping and Request for Quotation Details In Shopping, whether the requirement for three (3) quotations is met when only one supplier offered a price while the other two suppliers indicated “NONE” in compliance with the Request for Quotation (RFQ) and the Guidelines for Shopping and Small Value Procurement continue reading : NPM No. 127-2014

Requesting Entity: National Development Company (NDC) Issues Concern: Progress Billing/Payment Details Whether progress billing/payment is allowed in the procurement of supply and delivery of services for the installation of an accounting system/software. [T]he procurement law and its associated rules and procedures admit of procurement transactions allowing partial deliveries and progress payment for each delivery of continue reading : NPM No. 128-2014

Requesting Entity: HLYC Trading Issues Concern: Blacklisting Details When does the Blacklisting Order become final and executory [I]t is the Decision to Suspend that becomes final and executory which results in the issuance of a Blacklisting Order. Conversely, the Blacklisting Order contains, among others, the sanctions imposed on the erring contractor (i.e. the disqualification from continue reading : NPM No. 125-2014

Requesting Entity: CITY GOVERNMENT OF ZAMBOANGA Issues Concern: PCAB License Details Whether the PCAB License, as an eligibility requirement, can be substituted by certificates from Los Contratistas de Zamboanga and/or from the Department of Trade and Industry (DTI) Regional Office 9 issued to the effect that the Application for Renewal of PCAB License has been continue reading : NPM No. 126-2014

Requesting Entity: System Processor & Construction Corporation Issues Concern: Eligibility Requirement under Section 23.5.2.5 of the revised IRR of RA 9184 Details What is the Technical Eligibility Criterion for Small A and Small B Contractors [T]he general rule is that a prospective bidder must have previously completed a contract that is similar to, and valued continue reading : NPM No. 122-2014

Requesting Entity: Columbian Autocar Corporation (CAC) Issues Concern: Additional Post-Qualification Requirements Details Whether Clause 29.2(c) of the Instruction to Bidders (ITB) and Bid Data Sheet (BDS) of the Philippine Bidding Documents (PBDs) for Goods can be amended to allow new but internationally well-known brands, locally represented by capable and Board of Investment (BOI) registered companies continue reading : NPM No. 123-2014

Requesting Entity: Fertilizer And Pesticide Authority (FPA) Issues Concern: Negotiated Procurement under Section 53.1 (Two-Failed Biddings) Details Whether an Observer needs to be invited for Negotiated Procurement (Two-Failed Biddings) For Negotiated Procurement (Two Failed Biddings), we refer, to Section 53.1.6 of the IRR of RA 9184, which states that “[i]n all stages of the negotiations, continue reading : NPM No. 124-2014

Requesting Entity: Mactan-Cebu International Airport Authority (MCIAA) Issues Concern: Discrepancy in Bid Prices Details Whether the discrepancy between the amount stated in the Bid Form and the amount stated in the Bill of Quantities (BoQ) may be a ground for disqualification. [D]iscrepancy in the bid prices alone is not a ground for outright disqualification. It continue reading : NPM No. 117-2014