Requesting Entity: Commission on Higher Education Issues Concern: Procurement of Goods under an Exclusive Distributorship/Exclusive Publishing Partner Details Whether purchase of goods under an exclusive distributorship/exclusive publishing partner contract or goods protected under the Intellectual Property Rights would require to going through the usual or proper bidding procedure under R.A. 9184. [D]irect contracting is applicable when continue reading : NPM No. 017-2007

Requesting Entity: Department of Interior and Local Government Issues Concern: Lifetime of a BAC Resolution Details Whether the Bids and Awards Committee (BAC) Resolution issued the previous year may still be used as basis to enter into a contract for the incumbent year. Republic Act No. 9184 (RA 9184) and its Implementing Rules and Regulations Part continue reading : NPM No. 012-2006

Requesting Entity: Department of the Interior and Local Government Issues Concern: Composition of the BACs in Regional Offices Details Whether Assistant Division Chiefs and Section Chiefs may serve as regular members of the BAC in Regional Offices Assistant Division Chiefs and Section Chiefs are fourth (4th) and sixth (6th) ranking personnel, respectively. Both are, therefore, not continue reading : NPM No. 007-2007

Requesting Entity: Municipality of Villanueva, Misamis Oriental Issues Concern: Infrastructure Projects Undertaken “By Administration” Details Whether the Municipality of Villanueva intends to construct and rehabilitate its waterworks system estimated at Thirty Three Million Pesos (P33,000,000) through a loan from the Development Bank of the Philippines. [T]he Municipality of Villanueva can undertake the proposed infrastructure project “by continue reading : NPM No. 008-2007

Requesting Entity: Department of Agriculture Regional Field Unit XI Issues Concern: Computation of Liquidated Damages Details Guidance on the Proper Computation of Liquidated Damages for Infrastructure Projects The contractor incurred a 19-day delay in the construction of a farm-to-market road in Saranggani Province. Original contract period was set at 204 calendar days. The Office of the continue reading : NPM No. 005-2007

Requesting Entity: Province of Leyte Issues Concern: Return of Original Bid Documents Submitted Details Whether the BAC may legally return the original documents submitted as part of the bid. [I]t is our considered opinion that the BAC can return the original documents, subject to the condition that they be replaced with certified true copies. We understand continue reading : NPM No. 006-2007

Requesting Entity: Department of Social Welfare and Development Issues Concern: Swiss Challenge Details Whether procuring entities may adopt the Swiss Challenge system in its procurement transactions. [T]he Swiss Challenge system is more appropriately applied outside the framework of a competitive public bidding. It is initiated by an unsolicited proposal or when the original proponent makes an continue reading : NPM No. 004-2007

Requesting Entity: Social Security System Issues Concern: Prospective Application of Memorandum Order No. 213 Details Applicability of M.O. 213 As a general rule, statutes are to be construed as having prospective application. Considering that the contract was entered into prior to 27 May 2006 or the effectivity of M.O. 213, SSS is not legally required to continue reading : NPM No. 003-2007

Requesting Entity: Philippine Charity Sweepstakes Office Issues Concern: Eligibility Requirements for Joint Ventures Details 1. Whether every party to a joint venture must submit all the eligibility requirements enumerated under the IRR-A of R.A. 9184. [T]he required eligibility documents to be submitted by each member of the joint venture under Section 23.6 (2) of the IRR-A continue reading : NPM No. 002-2007

Requesting Entity: City of General Santos Issues Concern: Alternative Bids Details Definition of alternative bids Alternative bid is an offer made by a bidder in addition to or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with continue reading : NPM No. 001-2007