Requesting Entity: Clark Development Corporation

Issues Concern: Procurement of Engineering Design Services

Details

Whether corporations are allowed to engage in public bidding conducted by the government for engineering design services (consultancy services).

The governing law on the practice of Civil Engineering is R.A. 544, otherwise known as the “Civil Engineering Law”. Its Section 2 defines the practice of civil engineering as embracing the services in the form of consultation, design, preparation of plans, specifications, estimates, erection, installation and supervision of the construction of infrastructure projects. Section 24 of R. A. 544 further provides that no firm, partnership, corporation or association may be registered or licensed as such for the practice of civil engineering, provided however that persons properly registered as civil engineers may, among themselves, form and obtain registration of a firm, partnership or association. Individual members of such firm, partnership or association shall be responsible for their own respective acts.

Based on the foregoing, we opine that corporations cannot participate in the bidding of consultancy contracts for engineering design services by any government agency.