Requesting Entity: Bureau of Internal Revenue – Information Systems Group

Issues Concern: Net Financial Contracting Capacity

Details

Can the eligibility requirement of Net Financial Contracting Capacity (NFCC) be replaced in Direct Contracting

[T]he Procuring Entity (PE), in resorting to Direct Contracting, has the discretion to require the prospective contractors to submit the eligibility documents mentioned under Section 23.1 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 or other documents that will establish the contractors’ legal, technical or financial capacity. Consequently, in lieu of the NFCC, other documents that will clearly indicate the financial position of a contractor may be required by the PE. In addition, it is worthy to note that performance and warranty securities, as prescribed in Sections 39 and 62 of the IRR of RA 9184 shall be submitted for contracts acquired through Direct Contracting. These securities shall guarantee the faithful performance by the contractor of its obligations under the contract.