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PCAB License Pertinent Provisions

The document defines key terms related to licensing requirements for construction contractors in the Philippines. It describes what a "person", "joint venture", and "consortium" mean in this context. It also defines licenses, including regular licenses for domestic firms and special licenses for joint ventures, consortiums, and foreign constructors on single projects. The requirements for licensure include experience and qualifications for the Sustaining Technical Employee (STE) and Authorized Managing Officer (AMO). The application process and fees are also outlined.

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460 views4 pages

PCAB License Pertinent Provisions

The document defines key terms related to licensing requirements for construction contractors in the Philippines. It describes what a "person", "joint venture", and "consortium" mean in this context. It also defines licenses, including regular licenses for domestic firms and special licenses for joint ventures, consortiums, and foreign constructors on single projects. The requirements for licensure include experience and qualifications for the Sustaining Technical Employee (STE) and Authorized Managing Officer (AMO). The application process and fees are also outlined.

Uploaded by

Juris
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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e) "Person" means an individual, or any juridical entity such as a partnership, a joint venture, a

consortium, an association or organization, or any combination thereof:

g) "Joint Venture" means a cooperative arrangement of licensed constructors to jointly perform a single
specific undertaking/project with each of the partners contributing to the performance

h) "Consortium" means a cooperative arrangement between licensed constructor(s) and non-


constructor(s) to jointly perform a single specific undertaking/project with the licensed constructor(s) as
managing and operating partner(s) and the others as financier(s) or any such other construction
supportive role;

i) "License" means the authority granted by the Board with conformity of the Authority, for a person to
engage in construction contracting in the Philippines and, refers to a Regular License, a Special License or
both, as discussed in Sec. 3.1 herein.

Regular License – issued to domestic construction firm engaged in construction contracting

Special License - issued to a joint venture, consortium and a foreign constructor or project owner engage
in construction of a single specific undertaking or project

p) "Sustaining Technical Employee" means a constructor's nominee from among his technical personnel,
who is approved as such by the board and whose training and experience are to sustain the constructor's
classification eligibility and/or to accrue to the constructor's credit rating in categorization;

q) "Authorized Managing officer, duly appointed by the constructor and authorized by the Board to act
for and in behalf of the constructor, in all matters concerning requirements of the Board and
implementation of R.A. 4566 and P.D. 1746.

REQUIREMENTS FOR LICENSING

1. STE or Applicant (if sole proprietor) must have at least three (3) years of construction
implementation experience, and knowledge of Philippine construction-building codes and
ordinances, labor safety codes and other laws applicable to construction operation, subject to the
nomination requirement as provided for under Section 4.2 hereof.

2. AMO or Applicant (if sole proprietor) must at least three (3) years of experience in construction
contracting, business management and contract administration, and knowledge of Philippine
laws on contracts, liens, taxation, labor and other construction business matters, subject to the
nomination requirement as provided for under 4.3 hereof.
3. Applicant must have a stockholders'/owner's equity or net worth of at least the amount required
to qualify for the lowest constructor category
4. If a partnership or corporation, the applicant firm shall have, in its Articles of
Partnership/Incorporation, construction as a primary purpose, or as a division or department
separate and distinguishable from the overall organization of the firm

REQUIREMENTS FOR STE – Section 4.2. of IRR of RA 4566


1. Nominated by Constructor from among his technical personnel
2. Contracting classification of STE shall be based on training and experience
3. Technology Professional licensed by Professional Regulation Commission and of academic
discipline relevant to the classification of his intended assignment OR in lieu thereof
3.1. (a) Licensed technology professional of any other academic discipline; (b) employed, in a
managerial/supervisory capacity, by a constructor in construction of a classification; (c) for at
least four(4) years immediately prior to his nomination
3.2. For trade category with Specialty Classification, an individual with two years construction
implementation experience in the specialty classification to which he is being nominated shall
suffice.
4. A full-time employee of the nominating constructor, not associated professionally or
employment-wise with any other party, particularly one engaged in construction or construction-
related activities; except a party affiliated with the nominating constructor or with whom such
association is deemed by the Board to be not undesirable nor incompatible with his role as a
Sustaining Technical Employee; and
5. None of the following disqualifications:
a. Involvement in any construction malperformance of grave consequence suggestive of his
negligence, incompetence and/or malpractice
b. Improvement in any act or a mission liable for disciplinary action (Sec. 11.2) and was found
guilty by the PCAB
c. Conviction by a court of competent jurisdiction of any offense involving moral turpitude
d. failure to notify PCAB of the disassociation of STE or AMO pursuant to Sec. 10.5 and 10.6
 STE may be more than one.
 STE may hold position of AMO concurrently.
 A sole proprietor or officer of partnership/corporation may be STE.

REQUIREMENTS FOR AMO

1. Senior Executive of the nominating constructer firm


2. Have none of the disqualifications applicable to STE
 Only one AMO is allowed
 AMO may hold the position of STE concurrently

STEPS FOR LICENSE APPLICATION

1. Filing – File application with complete documentary requirements with the Secretariat
A. Regular License
i. Duly accomplished Application form
ii. documents on organization
iii. Financial documents
iv. equipment capacity
v. experience of STE
B. SPECIAL LICENSE
i. Documents relating to joint venture/consortium/non-constructor/foreign
constructor/project owner

CATEGORIZATION

a) A Joint Venture or Consortium

A joint venture or consortium shall be assigned the category of the Filipino constructor-partner with the
biggest equity share therein or, in case of absence of equity predominance, whose representative holds
the highest executive position thereof; provided that, if applied for by the joint venture or consortium, the
Board shall evaluate the category corresponding to the combined capabilities and resources of the
partners which are to be summarized in joint statements by the partners under oath, and audited and/or
authenticated as the Board may require.

c) A Project Owner

Experience of firm, as a criterion, shall be made up of aggregate cost and construction time of past
project(s) which a project owner may have undertaken without the service of a constructor.

FEES

1. License application screening fee


2. license fee be a boy before issuance of the license certificate once application is approved
3. Payments will be made to the cashier of the Authority. Such payments will not be refundable.

RIGHTS AND DUTIES

1. Regular Licensee
a. To engage in construction contracting within the scope of his classification

2. Special Licensee
a. To engage only in one single specific construction undertaking or project
3. Joint Venture/Consortium Licensee
a. To submit bid
b. To enter into a construction contract
c. To implement a project or
d. To act as a licensed constructor

1. Download an application form.


2. Accomplish the form properly and attached corresponding supporting documents.
3. Submit application for checklisting/prescreening.
4. Pay the required upfront fee.
5. Wait for license release. Approved license will be mailed directly to the owner/firm via courier.
http://ciap.dti.gov.ph/downloadable-forms

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