Requesting Entity: Clark Development Corporation Issues Concern: Eligibility Requirements for Joint Venture Agreements for Design and Build Infrastructure Projects Details Clarification on the required Class “B” documents for a Design and Build Infrastructure Project under Republic Act (RA) 9184 and its Implementing Rules and Regulations (IRR). Legal Documents Required to be Submitted by a JV Section continue reading : NPM No. 024-2012

Requesting Entity: Department of National Defense Issues Concern: Grant of Contract Delivery Extension Details Clarification relative to the rules on the grant of extension of delivery period and the corresponding imposition of Liquidated Damages on the procurement of goods Please note that as a general rule, the supplier/manufacturer/distributor must deliver the goods or perform the services continue reading : NPM No. 025-2012

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: Bases Conversion and Development Authority Issues Concern: Negotiated Procurement (Adjacent or Contiguous) Details Clarification on the term Consulting Service as used in Section 53.4 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) 9184. For your guidance, the provisions on Negotiated Procurement apply to goods, infrastructure projects, and consulting services where the continue reading : NPM No. 022-2012

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