NPM No. 082-2016
Requesting Entity: Province of Zambales
Issues Concern: Pakyaw Contracting System
1. Whether a single invitation may contain multiple pakyaw contracting opportunities
[A] Procuring Entity (PE) undertaking pakyaw labor contracting need not comply with the formalities required under the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184. Moreover, there is no form prescribed under the Revised Guidelines for the Implementation of Infrastructure Projects by Administration (Guidelines) to which invitations for pakyaw contracting must adhere. Hence, the contents of the invitation shall be based on the sound discretion of the PE.
2. Whether a Bid Securing Declaration is required in pakyaw contracting
The submission of a Bid Securing Declaration, or any form of Bid Security, is not required in pakyaw contracting in accordance with the Guidelines. [S]ince pakyaw contracting is not governed by public bidding rules under the IRR of RA 9184, the submission of eligibility documents or other documents required in public bidding (i.e. Bid Securing Declaration) need not be submitted in pakyaw contracting.
3. Whether a Statement of Work Accomplishment (SWA) is necessary to be submitted if payment is made by lump-sum through the pakyaw group leader, or whether the individual Daily Time Records (DTRs) of the pakyaw laborers are needed if payment is made through a payroll system.
In the interest of transparency and accountability in procurement activities and usage of public funds, pakyaw laborers must be able to substantiate and quantify their accomplishments. In this regard, the submission of an SWA or DTR, or other similar documents which could validate their work, must be submitted as a condition for payment. In the absence of such documents, the PE may not have enough basis to determine whether an individual has rendered service or not.