Requesting Entity: City of Tayabas Issues Concern: Legal Assistance and Indemnification Package Details Clarification on the rights and benefits of the members of the Bids and Awards Committee (BAC) under Republic Act No. 9184 and its Implementing Rules and Regulations (IRR). As provided in Section 4.1.1 of the Guidelines for Legal Assistance and Indemnification of Bids continue reading : NPM No. 023-2012

Requesting Entity: Catalina Security Agency Issues Concern: Additional Eligibility Requirements in the Bidding Documents Details Whether a procuring entity can prevent a bidder, who filed a case against it, from joining a public bidding by placing a prohibition to that effect in its bidding documents. As we have discussed in a previous opinion, procuring entities are continue reading : NPM No. 021-2012

Requesting Entity: Philippine International Trading Corporation Issues Concern: Single Largest Completed Contract (SLCC) Details Opinion on possible alternatives to the SLCC requirement to bidders in the procurement of goods. The SLCC criterion is so required in order to ensure that the Government is contracting with an entity that has accomplished at least one project with a continue reading : NPM No. 020-2012

Requesting Entity: Philippine Ports Authority (PPA) Issues Concern: Effect of Re-assignment of BAC Member Details Whether the Bids and Awards Committee (BAC) can continue the conduct of its business pending replacement of one (1) of the provisional members who was re-assigned. Effect of Absence of Provisional Member At the outset, it bears stressing that the absence continue reading : NPM No. 019-2012

Requesting Entity: Innove Communications, Inc. Issues Concern: Certification issued by the Insurance Commission Details Clarification as regards the prescribed format and the required information of the certification that should accompany a surety bond submitted as a bid or performance security provided in Sections 27 and 39. With respect to the format of the certification, please be continue reading : NPM No. 017-2012

Requesting Entity: Office of the Ombudsman Issues Concern: Validity of Bid Security after Issuance of Notice of Award Details Whether the winning bidder’s submission of performance security prior to the lapse of the bid security and within the three-month reglementary period provided in Section 38.1 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) continue reading : NPM No. 018-2012

Requesting Entity: Development Bank of the Philippines Issues Concern: Agency-to-Agency Agreements Details Whether an Agency-to-Agency arrangement under Section 53.5 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184 is plausible for the Cashless Purchase Card project that will be implemented by the Department of Budget and Management (DBM) and the Department of continue reading : NPM No. 016-2012

Requesting Entity: Philippine Health Insurance Corporation Issues Concern: Warranty Security for Consulting Services Details Whether warranty security under Section 62.2 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184 is applicable to consulting services. For your guidance, Section 62 of RA 9184 and its IRR requires the issuance of warranty security only for continue reading : NPM No. 011-2012

Requesting Entity: Metro Iloilo Water District Issues Concern: Audited Financial Statements Details Whether financial statements audited by Certified Public Accountants (CPAs) not accredited by the Board of Accountancy (BOA) should not be considered compliant with the requirement for an audited financial statement as an eligibility requirement under Section 23.1 of the revised Implementing Rules and Regulations continue reading : NPM No. 012-2012

Requesting Entity: National Food Authority Issues Concern: Meaning of Philippine Association of Detective and Protective Agency Operators (PADPAO) Rate Details Whether PADPAO rate is inclusive of administrative cost or agency fee. To address your concerns, we refer to the Standard Cost Distribution Per Month Wage Order issued by PADPAO for different regions. It provides that the continue reading : NPM No. 013-2012