Requesting Entity: LTO – Regional Office No. 8 Tacloban City Issues Concern: Trade-in Transactions Details Request for opinion with applicable provisions relative to trade-in transactions. Trade in transactions involves two (2) connected activities of the government agencies, namely: (i) disposal of government property and (ii) procurement of goods, which transactions are covered by different rules. The continue reading : NPM No. 040-2009

Requesting Entity: Zamboanga City Water District Issues Concern: Requirement of Financial Statements to be Stamped Details Whether or not ZCWD may post-audit the financial statement by requesting BIR to authenticate that the same document was submitted for income tax purposes and to award the contract to the said bidder in case of compliance or declare the continue reading : NPM No. 039-2009

Requesting Entity: Metro Iloilo Water District Issues Concern: BAC Members on Hold-Over Capacity Details Whether or not the recommendations of the BAC whose designation has expired is still valid. The Supreme Court, in the case of Topacio Nueno vs. Angeles (76 Phil. 12) enunciated the rule on hold-over in the law on public officers, viz: “in continue reading : NPM No. 038-2009

Requesting Entity: Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA) Issues Concern: Period of Availability of the Bidding Documents Details Whether the period for the issuance of the bidding documents may be extended to accommodate additional participants in view of BAC’s decision to grant the prospective bidders` request to set the opening of bids to later continue reading : NPM No. 037-2009

Requesting Entity: National Electrification Administration Issues Concern: Negotiated Procurement After Two Failed Bidding Details Requesting for Guidance on the Procedure/Guidelines in the Conduct of Negotiated Procurement after Two Failed Bidding. Under Section 54.2.b of the IRR-A of RA 9184 and expounded in the Manual of Procedures for the Procurement of Goods and Services (Volume 2), that continue reading : NPM No. 035-2009

Requesting Entity: Municipality of Oton, Iloilo Issues Concern: Suspension and Blacklisting Details Whether or not suspended contractors can validly continue participating in future government projects. It can be deduced from [Sec. 7 of the Uniform Guidelines for Blacklisting] that a suspended contractor may still be allowed to participate in future government projects, except in the agency continue reading : NPM No. 036-2009

Requesting Entity: Department of Agrarian Reform – Quezon II Provincial Office Issues Concern: Participation of an Employees’ Cooperative in the Bidding and Purchasing Process Details Whether or not the participation of an employees` cooperative in the bidding and purchasing process of the government agency where they are employed, is a case of conflict of interest and continue reading : NPM No. 034-2009

Requesting Entity: Bids and Awards Committee Catanduanes State Colleges Issues Concern: Itemized and Lump Sum or Lot Bidding Details Whether or not a bidder can be disqualified for leaving an item without quotation in his or her bid. Section 32 of the IRR-A of R.A. 9184, [specifically Sec. 32.4.1 thereof,] provides for the procedure in the continue reading : NPM No. 033-2009

Requesting Entity: Mactan-Cebu International Airport Authority Issues Concern: Multi-Year Contracts Details Entering into Multi-Year Contracts other than for Security and Janitorial Services. R.A. 9184 and its IRR-A are silent on the issue of multi-year contracts. The Guidelines on the other hand, does not make any categorical pronouncement that multi-year contracts may be availed of only in continue reading : NPM No. 030-2009

Requesting Entity: San Juan, San Juan and San Juan Issues Concern: Single Largest Completed Contract Details Whether or not Section 23.11.1(2) may be liberally interpreted so as to allow, during post-qualification, ongoing contracts despite the wording in the said provision which require largest single completed contract. Section 23.6 of the IRR-A of R.A. 9184 is clear continue reading : NPM No. 031-2009