Requesting Entity: AB Law Office Issues Concern: Advance Payment Details 1. Is the sixty-day period mentioned in Section 4.5 of the Contract Implementation Guidelines for the Procurement of Goods, Supplies, and Materials (Guidelines), a mandatory requirement such that the release of the mobilization fee must be made within such period? [C]onsidering the purpose of Advance continue reading : NPM No. 027-2016

Requesting Entity: Zamboanga City Water District Issues Concern: Free Legal Assistance Details 1. Whether the Bids and Awards Committee (BAC) members can avail of the Free Legal Assistance under Section 4.1 of the Guidelines (Guidelines) for Legal Assistance and Indemnification of BAC Members and its Support Staff Section 4.1.of the Guidelines provides that the coverage continue reading : NPM No. 028-2016

Requesting Entity: Rizal Technological University (RTU) Issues Concern: Leasing of Government Property Details Proper mode of procurement relative to lease of stalls to concessionaires within RTU’s buildings [L]easing out of a government-owned building for private use is not within the ambit of Republic Act (RA) No. 9184 and its revised Implementing Rules and Regulations (IRR). continue reading : NPM No. 029-2016

Requesting Entity: Ormoc PC Specialist Issues Concern: Reservation Clause Details 1. Whether it is legal to cancel a bidding project instead of continuing the scheduled bid opening without any reason It is well settled in our jurisprudence that there is grave abuse of discretion (1) when an act is done contrary to the Constitution, the continue reading : NPM No. 030-2016

Requesting Entity: Thaumaturgy (Trade) Philippines (TP) Issues Concern: Capitalization of Markings on the Bid Envelopes Details Whether failure to use format, i.e., the bid envelope’s title and markings were not in capital letters as provided for in Instruction to Bidders (ITB) Clauses 20.1, 20.2 and 20.4 of the Philippine Bidding Documents PBD for the procurement continue reading : NPM No. 008-2016

Requesting Entity: Bendimil Construction and Development Corporation Issues Concern: PCAB License for Joint Ventures (JVs) Details Opinion relative to the requirement of a PCAB license for Joint Venture (JV) bidders and the stage at which it has to be submitted per the requirements embodied in Republic Act (RA) No. 9184 and its Implementing Rules and continue reading : NPM No. 009-2016

Requesting Entity: Department of National Defense Issues Concern: Tax Clearance Certificate Details Whether the DND-SBAC can allow the submission by the bidder of a substitute document in lieu of a Tax Clearance Certificate of its subcontractor. A bidder’s subcontractor who presented a Sworn Affidavit, in lieu of a tax clearance during the submission of bids, continue reading : NPM No. 010-2016

Requesting Entity: Speedex Construction and Development Corp. Issues Concern: Delayed Award of Contract Details HOPE Approval [T]he power of the HOPE to approve or disapprove the recommendations made by the BAC in the entire procurement process is a discretionary act as distinguished from a purely ministerial act . The decision to award a contract rests continue reading : NPM No. 012-2016

Requesting Entity: Climate Change Commission (CCC) Issues Concern: Designation of BAC Chairman Details Whether a highest ranking permanent employee, who is not an approving authority, may be designated as the BAC Chairman of CCC. [T]he highest ranking permanent employee referred to by the CCC, may be designated as BAC Chairman, provided that such employee possesses continue reading : NPM No. 011-2016

Requesting Entity: House of Representatives (HOR) Issues Concern: Multi-year contracts (MYCs) Details Whether a government agency may resort to multi-year contracts specifically for the procurement of office uniforms. Whether there are other forms of general support services that may be procured under multi-year coverage. [T]here is nothing in RA 9184 and its IRR that limits continue reading : NPM No. 013-2016