NPM 028-2013

Requesting Entity: Abejo Waters Corp.

Issues Concern: Joint Venture (JV) between Government and Private Entities



Whether the Guidelines on Sale of Bidding Documents is applicable to the Finance, Design, Construct, Operate and Maintain the Treated Bulk Water Supply Project through a Contractual Joint Venture Project of the Butuan City Water District.

[T]he Project pertains to a JV between a Government-Owned and/or Controlled Corporation (GOCC) and a private entity pursuing development goals, the rules for which are governed by the Joint Venture Guidelines issued by the National Economic and Development Authority (NEDA) pursuant to Section 8 of Executive Order No. 423, Series of 2005; or by Republic Act (RA) No. 6957, or the Build, Operate and Transfer (BOT) Law, as amended by RA No. 7718; and not by RA No. 9184, the Government Procurement Reform Act, its revised Implementing Rules and Regulations.

Considering that the Project x x x involves a JVA, we are of the view that the rules and issuances associated with RA 9184 and its IRR, such as the Guidelines on Sale of Bidding Documents and the required information in an invitation to bid may only be applied in a suppletory manner, as the relevant applicable laws and rules are RA 6957, as amended by RA 7718; or the JV Guidelines.