Requesting Entity: Philcox (Philippines), Inc. Issues Concern: Equivalent Document of a Mayor’s Permit and Nature of Similar Contracts Details Whether the Government issued Certificate of Incorporation of Private Companies in Singapore can be considered an equivalent document in lieu of a Mayor’s Permit required under Section 23.1(a)(ii) of the revised Implementing Rules and Regulations (IRR) continue reading : NPM No. 042-2013

Requesting Entity: Jodaar Cottage Industries (JCI) Issues Concern: Presence of Authorized Representatives Details Whether the National Food Authority (NFA) can require in its Invitation to Bid (IB) for the Supply and Delivery of NFA Region 3’s Empty Sacks that in case of sole proprietorship, only the owner/proprietor is authorized to represent the company/firm in all bidding activities. continue reading : NPM No. 043-2013

Requesting Entity: Department of Public Works and highways (DPWH) Issues Concern: Eligibility of Consultants to Participate in Government Procurement Projects Details Whether there will be inconsistency with the provisions of the revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184 if the past experiences of a corporation will be credited to the newly continue reading : NPM No. 040-2013

Requesting Entity: Department of Budget and Management (DBM) Issues Concern: Procurement Agent (PA) Details Whether the Light Rail Transit Authority (LRTA) may request the Department of Transportation and Communications (DOTC) to be its Procurement Agent. [R]esort to Section 53.6 of the IRR is couched upon the condition that there is a general determination of lack continue reading : NPM No. 038-2013

Requesting Entity: N & N Construction Issues Concern: Surety Bond as a Protest Fee Details Whether a surety bond can be considered as an acceptable form of non-refundable protest fee. [A] surety bond is a contractual arrangement between the surety, the principal and the obligee whereby the surety agrees to protect the obligee if the continue reading : NPM No. 039-2013

Requesting Entity: Municipality of Asipulo Issues Concern: Marking of Bids Details Whether improper marking may be a ground to disqualify a bidder. Since the rule and the relevant ITB Clauses (Clauses 20.1 and 20.2) use the word “shall”, which connotes command and compulsion, the requirements on sealing and marking of bids are regarded as mandatory. continue reading : NPM No. 036-2013

Requesting Entity: PITC Pharma, Inc. (PPI) Issues Concern: Posting of Performance Security Details Whether PPI is exempt from posting a Performance Security provided for under Section 39 of Republic Act No. 9184 when it enters into any procurement contract with other government agencies and instrumentalities. [T]he Implementing Guidelines on Agency-to-Agency Agreements (Guidelines), which describes the continue reading : NPM No. 037-2013

Requesting Entity: Philippine National Police (PNP) – National Headquarters (NHQ) Issues Concern: Creation of Registry of Suppliers, Contractors, and Consultants Details Whether the PNP-NHQ BAC can create a registry of suppliers, contractors, and consultants participating as bidders, in order for the BAC to examine the bidders’ documents and verify its completeness, and address the concern continue reading : NPM No. 016-2013

Requesting Entity: Department of Education (DepEd) Issues Concern: PCAB License for Joint Venture; Offer of Discount Details Whether it is sufficient for joint venture partners to submit their respective individual Philippine Contractors Accreditation Board (PCAB) license and registration in lieu of a joint PCAB license. Section 23.5.2.3 of the IRR provides that persons/entities enumerated in continue reading : NPM No. 017-2013

Requesting Entity: National Development Company (NDC) Issues Concern: Wage Adjustment in the Approved Budget for the Contract (ABC) Details Whether NDC can reflect the new minimum wage rates/adjustments in the original ABC prior to the conduct of the second bidding for security services. Section 35.2 of the revised Implementing Rules and Regulations (IRR) of Republic continue reading : NPM No. 018-2013