Requesting Entity: RR Gadingan Construction
Issues Concern: Experience as Sub-Contractor
Whether a sub-contract undertaken by a bidder within ten (10) years from the submission of the bid may be credited as bidder’s work experience.
Section 23.1(a)(iii) of the revised Implementing Rules and Regulations (IRR) of Republic Act No. (RA) 9184 requires the submission of a “statement of the prospective bidder of all its ongoing and completed government and private contracts, including contracts awarded but not yet started, if any, whether similar or not similar in nature and complexity to the contract to be bid, within the relevant period as provided in the Bidding Documents.”
Clearly, the IRR of RA 9184 does not limit the contracts that should be included in the statement of all ongoing and completed contracts to those where the bidder is the principal or main contractor. In fact, it can be inferred from the PBDs that sub-contracts should be included in the statement together with the percentage of the bidder’s participation as a sub-contractor.