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

Requesting Entity: Province of Iloilo Issues Concern: Philippine Government Electronic Procurement System (PhilGEPS) Registration Certificate Details Whether the procuring entity can again recommend an award to a bidder with a previously expired PhilGEPS registration certificate, but which has since been renewed. x x x Section 8.5.1 of the revised Implementing Rules and Regulations (IRR) of continue reading : NPM No. 019-2013

Requesting Entity: Municipality of Macrohon Issues Concern: Applicability of the Guidelines on the Procurement of Printing Services to Local Government Units Details Whether Government Procurement Policy Board (GPPB) Resolution 05-2010 adopting the Guidelines on the Procurement of Printing Services (Guidelines) include, as part of its coverage, Local Government Units (LGUs). Section 4 of Republic Act continue reading : NPM No. 020-2013

Requesting Entity: Alexis Security Agency Provider Phils. Co., Inc. (Alexis) Issues Concern: Tax Clearance Requirement Details Whether a bidder may merely submit a certification of clearance issued by the Regional District Office (RDO) of the Bureau of Internal Revenue (BIR) in lieu of a valid/current Tax Clearance as required under Section 34.2 of the revised continue reading : NPM No. 021-2013

Requesting Entity: Maxima Machineries Incorporated (Maxima) Issues Concern: Nationality Preference as Part of Technical Specifications Details Whether the Procuring Entity (PE) can specify a specific country of origin as part of the technical specifications. [U]nder the revised Implementing Rules and Regulations of Republic Act No. 9184, PEs are precluded from requiring specific country of origin continue reading : NPM No. 022-2013