Requesting Entity: Department of Health – Food and Drug Administration (FDA) Issues Concern: Chief Administrative Officer as Regular Member of the Bids and Awards Committee (BAC) Details Whether the position of a Chief Administrative Officer who supervises the accounting, budget and finance sections is covered by the prohibition in Commission on Audit (COA) Circular No. continue reading : NPM No. 111-2012

Requesting Entity: Department of Public Works and Highways – Regional Office 10 Issues Concern: Required Training on Republic Act No. 9184 for Technical Working Group Members Details Whether training on Republic Act (RA 9184) is required before one can sit as a member of the Technical Working Group of a procuring entity. [T]he rules do continue reading : NPM No. 112-2012

Requesting Entity: MASADA Security Agency, Inc. (MSAI) Issues Concern: Correction of Bids by the Procuring Entity Details Whether “correction” of bid during post-qualification at the instance of the procuring entity is allowed under Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR); and if so, whether this is different from modification continue reading : NPM No. 113-2012

Requesting Entity: Philippine Postal Savings Bank, Inc. (PostalBank) Issues Concern: Submission of Certificate of Hold Out Deposit Details Whether a Certificate of Hold Out Deposit may be submitted as part of the financial eligibility requirements of a prospective bidder in lieu of Net Financial Contracting Capacity (NFCC) computation or a Credit Line Commitment (CLC). [U]nder continue reading : NPM No. 108-2012

Requesting Entity: E. M. Cuerpo Issues Concern: Correct Basis of Performance Security Details Which between the Approved Budget for the Contract and Contract Price should be the basis for the amount of performance security? Section 39.2 of the IRR of RA 9184 is clear that the Performance Security, whether in the form of cash, cashier’s/manager’s continue reading : NPM No. 106-2012

Requesting Entity: Office of the City Legal Officer – Pasay City Issues Concern: Concession of a Private Mall Operator for the Operation of a City Mall Details Whether the concession of a private mall operator for the operation of the Pasay City Mall is covered by Republic Act (RA) 9184 and its Implementing Rules and continue reading : NPM No. 107-2012

Requesting Entity: Wellness PRO Incorporated Issues Concern: Statement of ongoing and completed contracts within the relevant period Details Requesting clarification on the purpose of ongoing and completed contracts within a particular period as an eligibility requirement for prospective bidders. The statement of ongoing and completed contracts becomes relevant when the BAC applies the pertinent eligibility continue reading : NPM No. 105-2012

Requesting Entity: Commission on Population (POPCOM) Issues Concern: Designation and Composition of Bids and Awards Committee (BAC) Members Details Whether the Division Chief of the Finance Services Division can be designated as regular member of the BAC without any legal impediment. [W]e are of the view that the Division Chief for the Finance Service Division continue reading : NPM No. 104-2012

Requesting Entity: Mactan-Cebu International Airport Authority (MCIAA) Issues Concern: Return of Bidding Documents to Losing Bidder after Submission of Waiver to File Request for Reconsideration Details Whether the BAC may return the bidding documents submitted by a losing bidder upon the latter’s submission of a waiver to file a request for reconsideration. [T]he purpose of continue reading : NPM No. 103-2012

Requesting Entity: Professional Regulation Commission (PRC) Issues Concern: Direct Contracting under the Guidelines on Procurement of Water, Electricity, Telecommunications and Internet Service Providers Details Whether PRC can resort to Direct Contracting pursuant to Government Procurement Policy Board (GPPB) Resolution 019-2006 or the Guidelines on Procurement of Water, Electricity, Telecommunications and Internet Service Providers (Guidelines) in continue reading : NPM No. 099-2012