Issues Concern: Eligibility Requirements for Joint Ventures
1. Whether all parties to the Joint Venture have to submit all documents in the Eligibility Documents envelope, or just the Legal Documents.
[W]e reiterate our ruling that each member of the Joint Venture shall submit the Legal Documents under the eligibility requirements. This is to ensure that all the parties in the Joint Venture have the requisite legal personality to conduct business.
2. If all parties need to submit all documents in the Eligibility Envelope, then how does this reconcile with the GPPB ruling in NPM 018-2005, in regard whose NFCC is to be used?
[W]e confirm that the Joint Venture can only submit the Audited Financial Statement (AFS) of one of its members to prove financial capacity to undertake the procurement project. Said AFS shall be the basis for the computation of the Net Financial Contracting Capacity of the Joint Venture.
3. What if instead of an NFCC, the Joint Venture instead submits a credit line certificate or cash deposit certificate, issued by a bank under the name of one of the parties to the Joint Venture, does this mean the other party no longer need to submit an NFCC or credit line certificate or deposit certificate in its name? If that is in fact the case, can the party that obtained the credit line certificate or cash deposit certificate, use that as the submittal for the other parties of the Joint Venture, in the event that all parties need to submit some sort of a document for each item?
[O]nly one member of the Joint Venture is required to submit the credit line certificate or the cash deposit certificate. With the submission of said requirement by one party, the other member/s to the Joint Venture need not submit the same.
4. Whether only one of the parties to the Joint Venture would need to submit the normally asked for list of completed projects, similar projects, and single largest project needed for the Eligibility Documents.
[W]e confirm that only one of the members of the Joint Venture needs to submit the Technical Documents under the eligibility requirements, such as the statement of on-going and completed similar projects and the largest single contract. (NPM Nos. 20-2005 and 21-2005, both dated 17 March 2005)