2013-03-27

NPM 023-2013

Requesting Entity: Manila International Airport Authority (MIAA)

Issues Concern: Suspension Order against a Joint Venture Bidder

 

Details

Whether a Blacklisting Order against a Joint Venture (JV) results in the blacklisting of all the partners, including those who are not at fault.

Section 2 of the Guidelines provides that a JV or consortium which is blacklisted or which has blacklisted member/s and/or partner/s as well as a person/entity who is a member of a blacklisted JV or consortium are, likewise, not allowed to participate in any government procurement during the period of disqualification.

The Guidelines expressly provides that the Blacklisting Order shall apply to all the JV partners as they are treated collectively as one bidder. x x x. Thus, as previously opined by this office, the members of the JV expectedly intend themselves to be jointly and severally responsible or liable for the obligations and civil liabilities actually incurred by the particular joint venture.