Title
Supreme Court
PCAB Special License Filing Amendment
Law
Pcab Board No. 047, Series Of 2015
Decision Date
Jan 27, 2015
The PCAB Board Resolution No. 047 allows special license applications to be filed less than five days before bidding or negotiation, imposing a non-refundable Additional Processing Fee based on registration size to accommodate time constraints faced by joint ventures and consortia.

Law Summary

Context and Compliance Requirements

  • The policy ensures compliance with Section 38 of R.A. No. 4566 and Section 10.3 of its Implementing Rules and Regulations (IRR).
  • Joint ventures and consortia must possess the required special license at the time of bidding or negotiation.

Amendment to Filing Deadline

  • Special license applications filed less than five working days but at least one day before bidding or negotiation may now be accepted.
  • Acceptance of late applications is subject to the imposition of a non-refundable Additional Processing Fee (APF) in addition to regular licensing fees.

Additional Processing Fee (APF) Structure

  • The APF is based on the registration size category of the applicant:
    • Large B: PHP 25,000.00
    • Large A: PHP 20,000.00
    • Medium A and B: PHP 15,000.00
    • Small A & B: PHP 10,000.00

Processing and Issuance of Documents

  • If the special license certificate cannot be processed and issued within the limited time before bidding or negotiation, the Secretariat may issue a "Notice of Board Action."
  • This notice indicates approval and application details and may be presented to project owners as proof of compliance.

Effectivity and Administrative Considerations

  • The amendment reduces administrative burden on PCAB caused by late applications.
  • The resolution took effect fifteen (15) days after its publication in a newspaper of general circulation.
  • The policy amendment was unanimously approved by the Board members.

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