Requesting Entity: Metropolitan Waterworks and Sewerage System
Issues Concern: Engagement of Foreign Key Personnel by a Local Consulting Firm; Participation of Foreign Consulting Firms in the Bidding.
(1) whether a local consulting firm can engage the services of foreign individual experts for a locally-funded project, or (2) whether foreign consulting firms may participate in the bidding despite the project being locally-funded in nature.
The nationality requirement in the case of organizations or consulting firms pertains to the entity and not to the key staff/personnel that will actually perform the consulting service. The engagement of foreign key staff/personnel is, however, qualified by Section 24.3.3 (b) of the IRR to the extent that when the types and fields of consulting services in which the foreign consultant wishes to engage involve the practice of regulated professions, the foreign consultant must be authorized by the appropriate Philippine professional regulatory body to engage in the practice of those professions and allied professions.
Foreign consulting firms may participate in the bidding only if the head of the procuring entity has determined that there is no Filipino consultant/consulting firm that has sufficient expertise and capability to render the services required under the project. Otherwise, the bidding shall be limited to Filipino consultants and entities with at least 60% Filipino ownership/interest. However, these entities are not precluded from engaging foreign individual experts as part of its key staff/personnel provided that the rules on practice of regulated professions and allied professions are complied with.