Issues Concern: Eligibility Requirements for Joint Ventures
1. Whether every party to a joint venture must submit all the eligibility requirements enumerated under the IRR-A of R.A. 9184.
[T]he required eligibility documents to be submitted by each member of the joint venture under Section 23.6 (2) of the IRR-A refer to the legal documents under Section 23.6 (1). With respect to the technical and financial eligibility documents, submission of these documents by any member of the joint venture constitutes substantial compliance.
2. How does one assess compliance with the 60% Filipino ownership requirement if the joint venture is unincorporated.
The 60% Filipino participation refers to capital ownership or the Filipino contribution in the pool of financial resources required to undertake a government project. In an unincorporated joint venture, determination of the required Filipino participation may be made by examining the terms and conditions of the joint venture agreement and other supporting financial documents submitted by the joint venture.
3. Whether the non-inclusion of the financial eligibility documents in the eligibility envelope but was otherwise included in the technical proposal envelope constitutes compliance with the eligibility requirement.
If a bidder erroneously includes a financial document in the envelope containing the technical proposal, when it should have been submitted as part of the eligibility requirements, the BAC has no choice but to consider the bidder as ineligible under the procedure outlined in Section 23.2 of the IRR-A.