Requesting Entity: Municipality of Canaman Issues Concern: Resort to Negotiated Procurement Details Whether the municipality may resort to negotiated procurement. The Municipality may avail of negotiated procurement under Section 53(d) provided that the conditions hereunder are satisfied. However, please note that this is without prejudice to the provisions against splitting of contracts as provided under the continue reading : NPM No. 032-2009

Requesting Entity: Philippine Economic Zone Authority (PEZA) Issues Concern: Domestic Preference Details Manner of application of Domestic Preference. [T]he Flag Law recognizes two instances for the application of domestic preference, viz: (1) for unmanufactured and manufactured articles consisting of, or using, substantially, materials grown or produced in the Philippines, respectively; and (2) for domestic entities as continue reading : NPM No. 029-2009

Requesting Entity: Metro Iloilo Water District Issues Concern: Procurement of Bulk Water Supply Details Requesting policy guidance relative to the proposed adoption of Negotiated Procurement for the Bulk Water Supply Contract. Pursuant to Section 48.2 in accordance with Section 10 of the IRR-A of R.A. 9184, all procurement, as a general rule, shall be done through continue reading : NPM No. 027-2009

Requesting Entity: Metro Cotabato Water District Issues Concern: Purchase of Goods on an Emergency Basis Details Whether the Water District can purchase pump and motors for pumping stations on an emergency basis. As a general rule, the procuring entity shall employ public bidding as a mode of procurement. However, in order to promote efficiency and economy, continue reading : NPM No. 028-2009

Requesting Entity: Department of Education Procurement Service Issues Concern: Attendance of BAC Chair/Vice-Chair in “Draw Lots” as a Tie-Breaking Method Details Whether the absence of the Chairperson and Vice-chairperson in the conduct of “draw lots” affects the validity of the said tie-breaking method. It is expressly stated in Section 12.4 of the IRR-A of R.A. 9184 continue reading : NPM No. 026-2009

Requesting Entity: Cultural Center of the Philippines (CCP) Issues Concern: Appointment of any official occupying the third-ranking permanent plantilla position Details As provided under Section 11.2.2 of the IRR-A of R.A. 9184, the term “permanent” refers to a plantilla position within the procuring entity concerned. It does not qualify whether the plantilla position should be contractual, continue reading : NPM No. 024-2009

Requesting Entity: Margosatubig Regional Hospital Issues Concern: Authority to Resort to the Alternative Mode of Repeat Order Details Requesting for authority to resort to repeat order. The GPPB is not empowered by R.A. 9184 to grant such authority. Under Section 63 of R.A. 9184, the GPPB is merely an administrative body imbued with quasi-legislative power to continue reading : NPM No. 025-2009

Requesting Entity: Arsant Engineering Issues Concern: Prescriptive Period for Progress Billing Details Whether R.A. 9184 mandates a prescriptive period for the processing of a contractor’s billing request. No provision, insofar as R.A. 9184 and its IRR-A are concerned, sets the minimum period when a claim for a contractor’s billing request should be processed and completed. Customarily, continue reading : NPM No. 022-2009

Requesting Entity: Steamatic Total Cleaning and Restoration Issues Concern: Guidance Relative to Certain Provisions of R.A. 9184 and its IRR-A Details 1. Whether a written response of the BAC to a letter query is tantamount to an amendment of the bidding documents binding upon both the procuring entity and other bidders. Section 8.4.2 of the IRR-A continue reading : NPM No. 023-2009

Requesting Entity: Commission on Information and Communication Technology (CICT) Issues Concern: Establishment of Bids and Awards Committee (BAC) Details Whether or not the establishment of an integrated BAC for the CICT and National Computer Center (NCC), conflicts with any of the provisions of Republic Act No. 9184 (RA 9184) and its Implementing Rules and Regulations Part continue reading : NPM No. 020-2009