2014-11-13

NPM 126-2014

Requesting Entity: CITY GOVERNMENT OF ZAMBOANGA

Issues Concern: PCAB License

 

Details

Whether the PCAB License, as an eligibility requirement, can be substituted by certificates from Los Contratistas de Zamboanga and/or from the Department of Trade and Industry (DTI) Regional Office 9 issued to the effect that the Application for Renewal of PCAB License has been submitted in its office for approval.



[T]he eligibility requirements under Section 23 of the revised Implementing Rules and Regulation (lRR) of Republic Act (RA) No. 9184 is absolute and exclusive, which means that Procuring Entities (PE) cannot delete, replace or add to any of the requirements that are applicable to each procurement activity.



The requirement of submitting PCAB License in bidding activities is an imposition not solely by the revised IRR of RA 9184. Under RA 4566 or the Contractors' Licensing Law, it is necessary for a contractor to secure a PCAB License before submitting a bid. This magnifies the significance of requiring all contractors to secure a PCAB License prior to joining any infrastructure procurement activities of the government.



xxx


[A] valid PCAB License, as an eligibility requirement for the procurement of infrastructure projects, cannot be replaced or substituted by any other document including the above-mentioned certifications. It is the responsibility of the prospective bidder to ensure that it has a valid PCAB License before participating in public bidding.