Joint Venture

View previous topic View next topic Go down

Joint Venture

Post by angelo on Wed Aug 12, 2009 3:01 pm

what are the particular issues or ruling should we consider if a contractor is appliying for Eligibility and to Bid for Infrastructure projects with joint venture?
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Joint Venture

Post by engrjhez® on Wed Aug 12, 2009 8:05 pm

angelo wrote:what are the particular issues or ruling should we consider if a contractor is appliying for Eligibility and to Bid for Infrastructure projects with joint venture?
Under the Revised IRR, Eligibility Check is practically similar to Procurement of Goods - that it is to be checked on the same day on Opening of Bids. The requirements were trimmed down to a few, but once declared as LCB, need to submit the rest of the documents. Particularly pertaining to a JV:

23.1.b Class “B” Document
Valid joint venture agreement (JVA), in case the joint venture is already in
existence. In the absence of a JVA, duly notarized statements from all the
potential joint venture partners stating that they will enter into and abide by
the provisions of the JVA in the instance that the bid is successful shall be
included in the bid. Failure to enter into a joint venture in the event of a
contract award shall be ground for the forfeiture of the bid security. Each
partner of the joint venture shall submit the legal eligibility documents. The
submission of technical and financial eligibility documents by any of the joint
venture partners constitutes compliance.


This requirement for JVs are applicable to both old and new IRR. Very Happy
avatar
engrjhez®
Grand Master
Grand Master

Male Number of posts : 2480
Age : 39
Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]
Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPS
Registration date : 2008-10-31

http://www.bacoor.gov.ph

Back to top Go down

Re: Joint Venture

Post by sunriser431 on Thu Aug 13, 2009 12:27 am

angelo wrote:what are the particular issues or ruling should we consider if a contractor is appliying for Eligibility and to Bid for Infrastructure projects with joint venture?

You might as well consider this for reference click this link http://www.gppb.gov.ph/laws_rules/laws/JV%20Guidelines.pdf.
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Joint Venture

Post by angelo on Thu Aug 13, 2009 2:19 pm

thank you for the shared information.
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Joint Venture

Post by angelo on Thu Aug 13, 2009 2:26 pm

another question: in the submission of LOI for infrastructure project, is the forgery of the signature of the prospective bidder-contractor a ground for the disqualification from joining in the eligibility to bid?
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Joint Venture

Post by angelo on Thu Aug 13, 2009 2:52 pm

for example, the minimum PCAB category requirement for our IAEB for infrastructure project is "category b". one of the prospective bidder who submitted his LOI is classified under "category c" but indicated that he is expressing his intention to apply with joint venture for eligibility to participate. What are the essential factors that we should consider or require from this particular bidder in order for us not to violate or disregard any law that would apply to us specially 9184. thank you
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Joint Venture

Post by sunriser431 on Thu Aug 13, 2009 3:13 pm

angelo wrote:another question: in the submission of LOI for infrastructure project, is the forgery of the signature of the prospective bidder-contractor a ground for the disqualification from joining in the eligibility to bid?

you can even institute Blacklisting. For complete txt click this link http://www.gppb.gov.ph/issuances/Guidelines/2004/Blacklisting.pdf
avatar
sunriser431
Grand Master
Grand Master

Male Number of posts : 1518
Company/Agency : Goccs Jolo Sulu All the way Downsouth
Occupation/Designation : IAS
Registration date : 2009-05-07

Back to top Go down

Re: Joint Venture

Post by RDV @ GP3i on Fri Aug 14, 2009 7:57 am

angelo wrote:for example, the minimum PCAB category requirement for our IAEB for infrastructure project is "category b". one of the prospective bidder who submitted his LOI is classified under "category c" but indicated that he is expressing his intention to apply with joint venture for eligibility to participate. What are the essential factors that we should consider or require from this particular bidder in order for us not to violate or disregard any law that would apply to us specially 9184. thank you

At the time of his submission of LOI (which is no longer required in the revised IRR) he may not be aware that you are requiring a Large B contractor. However, since part of the eligibility requirements is the submission of a "valid PCAB license and registration" you may find this out during eligibility check. You can already verify from the face of the document if his registration is Large B, as required, based on the cost of the contract to be bid. Since he is not, then you can disqualify him outright. That way you are already following the requirement of the law. If for example, you miss that during the eligibility check, there is still the post-qualification stage (assuming he has been declared the LCB) where you can still verify his valid PCAB license to find out if he is really qualified (Large B) as he represent himself to be.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Joint Venture

Post by angelo on Fri Aug 14, 2009 12:22 pm

once again thank you sir for the info.
1. Can the receipt for the filing fee for pcab licence for a joint venture agreement during eligibility check be a replacement for the JVA PCAB license?
2. for JVA, during the eligibility check for infrastructure project, is the absence of the special power of attorney authorizing the lead partner a ground for disqualification of eligibility to bid?
avatar
angelo
New Member
New Member

Male Number of posts : 37
Company/Agency : NGA
Occupation/Designation : Employee
Registration date : 2009-05-20

Back to top Go down

Re: Joint Venture

Post by RDV @ GP3i on Fri Aug 14, 2009 12:36 pm

angelo wrote:once again thank you sir for the info.
1. Can the receipt for the filing fee for pcab licence for a joint venture agreement during eligibility check be a replacement for the JVA PCAB license?
2. for JVA, during the eligibility check for infrastructure project, is the absence of the special power of attorney authorizing the lead partner a ground for disqualification of eligibility to bid?

Thank you, angelo.

For JVs, they need to apply for a Special PCAB license.

The GPPB has issued an opinion on this in a Non-Policy Matter, to wit: http://www.gppb.gov.ph/opinions/view_opinion.asp?o_id=130.

On the second question, the lack of a SPA would be a ground for disqualification since "authority of the signatory" is one of the requirements that should be contained in the Technical Proposal.
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Joint Venture

Post by icecastle98 on Sat Jan 16, 2010 12:17 pm

To Sir RDV,

Puede po bang mag enter into a JVA ang isang manager ng corporation without the authority of their board? First time po kasi naming maka encounter ng JV, yung isang party kasi na nag sign sa JVA ay manager ng isang corp. dapat po bang me authority siya from the officers of their board para mag enter into a JVA? sa standard form po kasi, owner/proprietor ang nakalagay, paano kung hindi owner yung isang party at manager lang ng corp.?
avatar
icecastle98
New Member
New Member

Female Number of posts : 22
Company/Agency : SUC
Occupation/Designation : Accountant III
Registration date : 2009-05-13

Back to top Go down

Re: Joint Venture

Post by RDV @ GP3i on Sat Jan 16, 2010 10:11 pm

icecastle98 wrote:To Sir RDV,

Puede po bang mag enter into a JVA ang isang manager ng corporation without the authority of their board? First time po kasi naming maka encounter ng JV, yung isang party kasi na nag sign sa JVA ay manager ng isang corp. dapat po bang me authority siya from the officers of their board para mag enter into a JVA? sa standard form po kasi, owner/proprietor ang nakalagay, paano kung hindi owner yung isang party at manager lang ng corp.?

To icecastle98:

Thank you for your query addressed to me.

I say that the manager, who represented the corporation in the signing of a JVA, should be properly authorized by the board of the corporation.

He should be able to show a Secretary's Certificate that authorizes him to bind the corporation in the JV.

RDV
avatar
RDV @ GP3i
Grand Master
Grand Master

Male Number of posts : 1611
Company/Agency : DBM-Reg'l Office IV-B
Occupation/Designation : Regional Director/ Procurement Trainer
Registration date : 2008-09-04

http://gppphil.org/

Back to top Go down

Re: Joint Venture

Post by icecastle98 on Sun Jan 17, 2010 4:04 pm

thank you sir.
avatar
icecastle98
New Member
New Member

Female Number of posts : 22
Company/Agency : SUC
Occupation/Designation : Accountant III
Registration date : 2009-05-13

Back to top Go down

Re: Joint Venture

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum