Requesting Entity: Home Development Mutual Fund (HDMF)-Kidapawan Branch Office Issues Concern: Prescriptive Period for Procurement Process Details What is the effect of the non-issuance of the Notice of Award within the three (3) month period prescribed in Section 38 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184? [T]he non-issuance continue reading : NPM No. 134-2012

Requesting Entity: Caveat Law Offices Issues Concern: Reference to Brand Names Details Whether a Procuring Entity may validly refuse to accept delivery of the procured items subject of the awarded contract because it is not the paricular brand preferred by the end-user. The Procuring entity cannot refuse the delivery of the goods on the sole continue reading : NPM No. 128-2012

Requesting Entity: Climate Change Commission (CCC) Issues Concern: Engagement of Energy Service Companies (ESCOs) Details What is the proper procurement method and financing scheme for the implementation of the Sustainable Energy Efficiency Program (Program), which will entail no initial cost to the government since it will be implemented in partnership with ESCOs, which shall provide continue reading : NPM No. 129-2012

Requesting Entity: Atty. Karen Joy H. Valencia-Bala Issues Concern: Ground for Disqualification Details Whether AVM Bernardo (AVM) may be deemed to have satisfied the “clean track record in the supply, delivery and installation of the goods after sales service” requirement as stated in the matrix of eligibility requirements of the National Tobacco Administration (NTA), if continue reading : NPM No. 127-2012

Requesting Entity: Mindanao University of Science and Technology (MUST) Issues Concern: Acquisition of Real Property Details What are the appropriate procedures and requirements for the acquisition of lots adjacent to the main campus of MUST? [T]he acquisition of real property shall be governed by Republic Act (RA) 8974, and not by RA 9184 and its continue reading : NPM No. 121-2012

Requesting Entity: Development Bank of the Philippines (DBP) Issues Concern: Negotiated Procurement (Agency-to-Agency Agreements) Details Whether government agencies should first secure banking services from government financial institutions (GFIs) before deciding to procure these services from the private sector through competitive bidding. [T]he option to transact with another government agency through the Agency-to-Agency modality is an continue reading : NPM No. 122-2012

Requesting Entity: United Coconut Planters Life Assurance Corp. (Cocolife) Issues Concern: Various Issues on Republic Act (RA) 9184 and its Revised Implementing Rules and Regulations (IRR) Details Is private bidding sanctioned by RA 9184? Private bidding, per requesting entity’s definition, is a bidding which is unpublished or not posted with a pre-disqualified bidder. x x continue reading : NPM No. 123-2012

Requesting Entity: Office of the New Bilibid Prison – Bureau of Corrections (BuCor) Issues Concern: Procurement of Catering Services Details Whether catering services fall under the Goods category. Although x x x under Section 5(r) of the IRR shows that catering services is not among those expressly included as general support services, nonetheless, catering services continue reading : NPM No. 124-2012

Requesting Entity: Bacolod City Water District (BCWD) Issues Concern: Reference to Brand Names Details Whether a non-unidirectional feature of a water meter is tantamount to making reference to a particular brand name. [T]hat a technical specification in the Bidding Documents providing for a non-unidirectional water meter will only fall within the prohibition under Section 18 continue reading : NPM No. 125-2012

Requesting Entity: Bases Conversion and Development Authority (BCDA) Issues Concern: Advance Payment for Consulting Services Details Whether advance payment can be made at any time during the implementation of the contract. Advance payment, as a general rule, is not allowed. As an exception, however, advance payment may be extended to a consultant for purposes of continue reading : NPM No. 126-2012