Requesting Entity: Philippine Health Insurance Corporation Issues Concern: Application of Republic Act 9184 (R.A. 9184) and its Implementing Rules and Regulations (IRR-A) Details Whether or not failure to have a document entitled “sworn statement” notarized is classified under “patently insufficient” submission, as provided for under Section 24.12 of IRR-A of R.A. 9184. The IRR-A provides that continue reading : NPM No. 017-2005

Requesting Entity: Armed Forces of the Philippines Issues Concern: Clarification on GPPB Resolution No 02-2004 Details 1. When is the effectivity date of GPPB Resolution No. 02-2004? The principle is well entrenched that statutes, including administrative rules and regulations, operate prospectively, unless the legislative intent to the contrary is manifest by express terms or by necessary continue reading : NPM No. 016-2005

Requesting Entity: National Economic and Development Authority Issues Concern: Downward Adjustment and Acceptance of Price Offer for the Contract for Supply of Coal Details Whether or not the following reasons posited by the National Power Corporation (NPC) in resorting to negotiate with a bidder to reduce charges for cost and freight are valid in light of continue reading : NPM No. 014-2005

Requesting Entity: Municipality of Patnanungan, Quezon Issues Concern: Clarification on the provisions of Republic Act 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A) Details 1. In cases specified under Section 53 (b) of R.A. 9184, who determines that immediate action is necessary to restore vital services — is it the Sangguninang Bayan continue reading : NPM No. 015-2005

Requesting Entity: National Transmission Corporation Issues Concern: Payment in foreign currency Details Clarification whether National Transmission Corporation (TransCo) can pay in foreign currency those foreign entities allowed under GPPB Resolution No 02-2004 to participate in public bidding. The issue was first considered by this office in GPPB-TSO letter dated 09 December 2004, in response to TransCo’s continue reading : NPM No. 013-2005

Requesting Entity: Clark Development Corporation Issues Concern: Disclosure of Relations in light of Section 47 of the IRR-A of R.A. 9184 Details 1. Whether or not the prohibition referred to in Section 47 of the IRR-A of R.A. 9184 with regard to disclosure of relations is applicable when the President of a bidder is related by continue reading : NPM No. 012-2005

Requesting Entity: NIA Employees Association of the Philippines Issues Concern: Grant of Honoraria to Observers Details Clarification on whether the observers participating in public biddings are entitled to any remuneration/benefit. Observers are invited in all stages of the procurement process in order to enhance transparency therein, with the general responsibility of checking if each stage of continue reading : NPM No. 011-2005

Requesting Entity: Department of Transportation and Communications Issues Concern: Construction of the Philippine Coast Guard Support Base in Mactan, Cebu Details 1. Can DOTC still enter into contract with the winning bidder using the revised Approved Budget for the Contract (ABC) which is based on the reduced scope of work or new wharf design? Grant of continue reading : NPM No. 010-2005

Requesting Entity: Land Registration Authority Issues Concern: Validity/enforceability of the agreements earlier entered into by the Land Registration Authority (LRA) with various local government units concerning the construction of the agency’s Registry Buildings. Details Project implementation “by administration” contemplates the execution by the supposed procuring entity of the project either by any of the following: (a) continue reading : NPM No. 009-2005

Requesting Entity: Bessang Pass Security Agency, Inc. Issues Concern: Eligibility Criterion under Section 23.11.1 (2) of the Implementing Rules and Regulations Part-A (IRR-A) of Republic Act 9184 (R.A. 9184) Details Whether or not the renewal of Bessang Pass Security Agency, Incorporated’s (BPSAI’s) security services contract with the Department of Public Works and Highways (DPWH) every two continue reading : NPM No. 008-2005