Requesting Entity: Department of Public Works and highways (DPWH)
Issues Concern: Eligibility of Consultants to Participate in Government Procurement Projects
Whether there will be inconsistency with the provisions of the revised Implementing Rules and Regulations (IRR) of Republic Act No. 9184 if the past experiences of a corporation will be credited to the newly created/formed joint ventures, professional partnerships, or sole proprietorships in the evaluation of their qualifications in connection with procurement of consulting services.
[N]ewly formed joint ventures, professional partnerships, or sole proprietorships are considered entirely separate and distinct from the principal corporation.
However, as provided in Sections 24.5.3(a) and 33.2.2(b) of the IRR of RA 9184, in the case of new firms, the individual experiences of the principal and key staff, including the times when employed by other consultants, may be considered as part of the new firms' overall experience. It must be pointed out, however, that in Sections 24.5.3(a) and 33.2.2(b), the new consulting services firm is the one taking advantage of the experiences of the individual principal and key staff, and not vice versa.
In view of the foregoing, although the past experiences of the consulting corporations cannot be credited in favor of the newly formed joint ventures, professional partnerships, or sole proprietorships, new firms may utilize the experience of their principal and key staff in their overall experience.