Requesting Entity: Department of Education Regional Office III (DepED RO III) Issues Concern: Lease of Venue Details Whether there is a maximum amount of Approved Budget for the Contract (ABC) allowed in resorting to Negotiated Procurement (Lease of Real Property) under Section 52.10 of the IRR of RA 9184. A careful review of the Implementing continue reading : NPM No. 088-2014

Requesting Entity: Clark International Airport Corporation (CIAC) Issues Concern: Procurement Period for Emergency Cases Details Whether the CIAC-BAC may adopt emergency procurement timelines as it may deem fit in view of the urgency and exigency of the situation. A careful review of the relevant provisions of RA 9184 and its revised IRR indicate no prescribed continue reading : NPM No. 089-2014

Requesting Entity: Municipality of Sto. Tomas, Batangas Issues Concern: Bid Price Discrepancy Details Which amount will be used as the ‘amount as read’ if the amount in the bid form is different from the bill of quantities, detailed estimate and cash flow, the last three indicating the same amount. Generally, the Procuring Entity’s evaluation of continue reading : NPM No. 090-2014

Requesting Entity: Marikina City Issues Concern: Direct Contracting Details What are the conditions to be satisfied before the BAC may resort to Direct Contracting as a mode of procurement. [T]he fact alone that the technical specifications resembles or is similar to the specifications of a specific good or equipment does not sanction the immediate resort continue reading : NPM No. 082-2014

Requesting Entity: Department of Education (DEPED) Division of Albay Issues Concern: Sale of Bidding Document Details Whether the sale of bidding documents may be dispensed with when the procuring entity resorts to negotiated procurement under emergency cases modality [T]he Guidelines do not apply to all alternative modalities, but only to those that adopt processes and continue reading : NPM No. 083-2014

Requesting Entity: Local Water Utilities Administration (LWUA) Issues Concern: Exemption from the similar contract requirement under Small A and Small B categories Details Whether the exception from the submission of similar contract requirement granted to civil works contractors under Small A and Small B categories also applies to suppliers in the procurement of goods. Section continue reading : NPM No. 084-2014

Requesting Entity: Department of Public Works and Highways Regional Office XII (DPWH-RO XII) Issues Concern: Forfeiture of Bid Security Details Whether a written waiver of right to file a motion for reconsideration (MR) from the post-disqualified bidder is a condition sine qua non for the return of its bid security. [T]he bid security shall only continue reading : NPM No. 085-2014

Requesting Entity: Philippine Postal Corporation (PhilPost) Issues Concern: Purposes of Corporations under the Articles of Incorporation Details Whether a bidder, engaged in a courier service, may participate in the procurement of Polyethylene Plastic Envelopes The best proof of a corporation’s purpose is embodied in its Articles of Incorporation (AI) and By-Laws. The AI must state continue reading : NPM No. 079-2014

Requesting Entity: FNC Food & Beverages Machinery Technology and Services Issues Concern: Accreditation of Bidders Details Whether the creation of an accreditation system is valid and recognized under RA 9184 and its revised IRR The creation of an accreditation system is not in accordance with the mandate of the present procurement law as it contravenes continue reading : NPM No. 080-2014

Requesting Entity: Municipality of Lingayen, Pangasinan Issues Concern: Additional Requirements in the Technical Component of the Bid Details Whether the procuring entity (PE) may require the bidder to include in its technical proposal the following documents: (i) construction method; (ii) construction safety; (iii) construction schedule; (iv) S-Curve; (v) manpower schedule; and (vi) equipment schedule Section continue reading : NPM No. 081-2014