Question & AnswerQ&A (PCAB Resolution NO. 214)
The primary legal basis is Republic Act No. 4566, as amended by Presidential Decree No. 1746, along with its Implementing Rules and Regulations and the guidelines promulgated by the Philippine Contractors Accreditation Board (PCAB).
The foreign contractor must be bona fide in its home country, have a registered subsidiary or branch with the Philippine SEC, have projects financed internationally or under bilateral agreements or BOT Law, employ qualified technical employees, meet the minimum net worth, and have a satisfactory track record of completed projects similar in type and size.
The special license is valid for the contracting fiscal year during which it was issued and for the specific project and phase/package stated therein. It must be renewed annually during the project's duration and becomes invalid upon project completion or if the contractor loses the bid.
No. The licensee is not eligible to prequalify for, bid on, or undertake projects outside the scope of their license classification.
Submitting falsified documents or false information subjects the licensee to administrative disciplinary action and may also invoke penal sanctions under Philippine law.
The licensee must immediately notify the Board if the resident Filipino representative resigns or is disassociated and replace this representative within ninety days. Failure to notify within 30 days can lead to revision of the contractor's license classification.
No. The special license is non-transferable.
An application must include documents specified in Annex C of the guidelines, which may include proof of registration, technical qualifications, financial data, project track record, and other requirements as applicable.
The joint venture or consortium must secure a separate special license distinct from the individual licenses of the members. It will be classified based on the contractor-partner with the largest equity, or by combined capabilities if applied for.
If the resident Filipino agent cannot be found or the foreign contractor has ceased business in the Philippines, any summons or legal processes may be served on the PCAB as if made directly to the firm at its home office.