QuestionsQuestions (GPPB Resolution No. 29-2014)
To amend the IRR of RA 9184 and the ITB/PBD provisions for infrastructure projects so that joint venture bidders must submit a valid Joint Venture Agreement (JVA), as required by RA 4566, and to remove the prior option of submitting sworn/notarized statements in lieu of a JVA for infrastructure projects.
Section 23.1(b) of the IRR of RA 9184; and Clauses 12.1(a)(viii) and 30.3(a)(i) of the Instructions to Bidders (ITB) for Infrastructure Projects in the Philippine Bidding Documents (PBDs).
Duly notarized statements from all potential joint venture partners stating that they will enter into and abide by the provisions of the JVA if the bid is successful.
Failure to enter into a joint venture in the event of a contract award shall be ground for the forfeiture of the bid security.
For infrastructure projects, JV bidders are required to submit a JVA in accordance with RA 4566 and its IRR, instead of allowing notarized statements in lieu of a JVA.
RA 9184 governs procurement, but the resolution recognizes that RA 4566 prohibits separate contractor licensees from jointly submitting bids as contractors without securing the required additional/appropriate license for the joint venture; thus, the procurement documents must require a valid JVA consistent with RA 4566.
It is unlawful for any two or more licensees, each with a license to engage separately as a contractor, to jointly submit a bid or otherwise act in the capacity of a contractor without first securing an additional license for acting as a joint venture.
Because PCAB cannot evaluate the qualifications of potential JV partners based only on notarized statements; PCAB needs the JVA and the special PCAB license framework to assess and issue the proper license.
PCAB stated it processes and issues the Special PCAB license within five (5) days from the date of application.
If applicable, a valid JVA shall be included in the bid (for infrastructure projects), removing the prior alternative of notarized statements in lieu of a JVA.
It retained a condition that a valid JVA (if applicable) must be submitted within ten (10) calendar days from receipt of the Notice of Award, but the amendment aligns the requirement with the stricter infrastructure JV JVA submission framework.
The bidder must also submit a valid PCAB license and registration for the type and cost of the contract to be bid for foreign bidders, within thirty (30) calendar days, if allowed under a treaty/international/executive agreement referenced in ITB Clause 12.1(a)(iv).
It requires the submission of a JVA as part of the application for a Special PCAB License.
It ensures the joint venture is properly formed and licensed under PCAB requirements (including the Special PCAB license), so the JV bidder is legally qualified to bid and can be evaluated by PCAB.
After fifteen (15) days following publication in the Official Gazette or a newspaper of general nationwide circulation, and upon filing with the University of the Philippines Law Center of three (3) certified true copies of the resolution.
They must check that the bid includes a valid JVA (and that the JV can obtain/possess the appropriate Special PCAB license under RA 4566), and that any bid-award conditional submission deadlines (e.g., ten days for the JVA if applicable) are observed.