2008-01-30

NPM 003-2008

Requesting Entity: Metropolitan Waterworks and Sewerage System

Issues Concern: General Conditions of Contract

 

Details

Whether a schedule of payment other than that provided under Clause 9.1 of the General Conditions of Contract (GCC) of the Philippine Bidding Documents (PBDs) for Goods may be adopted by the procuring entity.

A reading of Clause 9.1 of the GCC of the PBDs for Goods clearly shows that procuring entities are allowed to specify in the Special Conditions of the Contract (SCC) a scheme of payment other than that provided in said [GCC] clause. x x x Thus, it is our considered opinion that MWSS may validly adopt its proposed payment schedule as long as it is expressly stated in its SCC in reference to clause 9.1 of the GCC.