Under Act 9184 and the revised 2016 enforcement rules, there is no requirement for bidders in the joint venture to disclose that they are participating as a joint venture prior to the purchase of bidders` documents and participation in the preliminary examination of bids. The official receipt that gives the purchase of the tender file is not necessarily made on behalf of the bidder of the joint venture. However, it is necessary that the documents used by the bidder to submit its bid have been paid in the event that the awarding entity collects royalties for its bid file. 1. Is each party to a joint enterprise agreement responsible for submitting all documents in the eligibility condition of the R.A. 9184 agreement-A-a; [T] his office decided in NPM Opinion 18-2005 that the requirement to submit legal documents should mean the individual presentation of all businesses that include the joint venture. Since joint ventures have generally become a means of increasing the competitiveness of small businesses and, finally, of executing the contract, the financial and technical document submissions required by one of the firms are a meeting of these requirements. That is why we reiterate our decision that each member of the joint venture will present the legal documents as part of the eligibility requirements. The aim is to ensure that all parties to the joint venture have the legal personality necessary to carry out transactions.
2. That the required percentage of Philippine and foreign ownership, participation or participation in a joint venture be mandatory. In the event that potential bidders form a joint venture, the Philippines` ownership or participation in the joint venture is generally equal to 60% (60%) when it comes to purchases of goods and advice, or 70% (75%) for the purchase of goods and advice. The ownership or interest of Filipinos in the allocation of infrastructure projects (section 23.11.1 [d], section 24.1.1 [e] and section 23.11.2 [d], IRR-A). However, if the products to be obtained are not available from local sources, such as certified by the purchasing entity manager, or if situations affecting competition or limiting trade are avoided, this purchasing entity may invite foreign suppliers, producers and/or distributors (section 23.11.1, IRR-A).