NPM No. 116-2017
Requesting Entity: Bulacan State University
Issues Concern: Joint Venture; Official Receipt of Bidding Documents
Whether interested bidders for infrastructure projects who intend to enter into a joint venture agreement (JVA) should disclose the same to the Bids and Awards Committee (BAC) before or during the pre-bid conference and before purchasing the Bidding Documents
There is nothing under Republic Act No. 9184 and its 2016 revised Implementing Rules and Regulations that requires JV bidders to disclose the fact that it is participating as a joint venture before purchasing the Bidding Documents and participating in the preliminary examination of bids.
The Official Receipt evidencing purchase of the Bidding Documents need not be in the name of the joint venture bidder. What is necessary, however, is that the Bidding Documents used by the bidder in submitting its bid has been paid for in case the procuring entity charges fees for its Bidding Documents.