Requested from GPPB by J. Acut-Dapanas at 02:07 PM on
Jan 19, 2022.
Purpose: PAYMENT CONTRACTOR SUPPORT
Date of Coverage: 01/19/2022 - 01/19/2022
Tracking no: #GPPB-613746381339
Acut-Dapanas 02:07 PM, Jan 19, 2022
May we ask for legal opinion as to the difference in the title of the project. The Municipality of Initao implemented a project with title;
DESIGN AND BUILD MULTI PURPOSE HALL INCLUDING PARK DEVELOPMENT AND ROAD ACCESS
However, during the implementation of the project a VARIATION ORDER was made. A SUPPLEMENTAL BUDGET was passed , and the project title was inadvertently written as;
CONSTRUCTION OF MULTI PURPOSE HALL INCLUDING PARK DEVELOPMENT AND ROAD ACCESS
We ask for your opinion regarding these concern wherein there is now a conflict in the project title.
jEANILYN S. ACUT- SECRETARY
Officer 04:03 PM, Jan 25, 2022
January 25, 2022
Dear Ms. Jeanilyn Acut-Dapanas,
Pursuant to your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, I am writing in reference to your inquiry dated Jan 19, 2022 02:07:08 PM regarding the effects of changing the title of a project from "Design and Build" to "Construction" in the issued Variation Order during the implementation stage of the project.
In order for us to work further on your request, we need more information from you regarding your query. In particular, it would be helpful to know your answers to the following questions:
1. What is the cause for your agency to change the title from "Design and Build" to "Construction" in the Variation Order ? Is the inconsistency intentional or a mere typo error?
2. What is the intention of the project as stated in the Contract Award? Is it "Design and Build" or "Construction" only? (Note that a Design and Build Project is different from a Construction in the sense that the first includes both the architectural design component and construction component, and thus, it is merged as 1 contract for award to a single contractor.)
Please use the reply function on the eFOI portal at https://efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUdQUEItNjEzNzQ2MzgxMzM5DA, for request with ticket number #GPPB-613746381339, to respond.
During the period of us awaiting your reply, your request will be put on hold. If we do not receive a reply on or before Apr 19, 2022 07:47:15 AM, your request will be closed.
We hope to hear from you at the soonest possible time.
Thank you.
Respectfully,
FOI Receiving Officer
FOI Officer
Acut-Dapanas 10:57 PM, Jan 25, 2022
GPPB-613746381339
This is a reply to your question,
1. It is a typographical error during the passage of the supplemental budget that instead of design and build it was written as construction.
2. The original title of the project being awarded was Design and Build.
It was only during the variation order when a supplemental budget was passed that the name of the title of the project was erroneously written as CONSTRUCTION instead of design and build.
Thank you very much
Officer 09:54 AM, Jan 31, 2022
January 31, 2022
Dear Ms. Acut-Dapanas,
Thank you for your query dated Jan 19, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, regarding the effects of changing the title from "Design and Build" to "Construction" in the variation order issued during the implementation stage of the infrastructure project.
We received your query on Jan 19, 2022 and your reply on Jan 25, 2022. We will respond on or before Feb 09, 2022 02:07:08 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUdQUEItNjEzNzQ2MzgxMzM5DA, for request with ticket number #GPPB-613746381339.
Thank you.
Respectfully,
FOI Receiving Officer
FOI Officer
GPPB-TSO 03:30 PM, Feb 22, 2022
February 22, 2022
Dear Ms. Acut-Dapanas,
Greetings!
Thank you for your request dated Jan 19, 2022 02:07:08 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You inquired about the effects of changes in the project title, particularly from “Design and Build” to “Construction,” as provided in the issued variation order, during its implementation.
Response to Request
Your FOI request is approved.
For your information, a Design and Build Project is distinct from a Construction Project.
A design and build infrastructure project involves two (2) components: 1. Design Component (architectural and engineering aspect of the project); and 2. Construction Component (infrastructure aspect), both of which must be carried out by one winning bidder. This means that the development of the detailed engineering requirements, including the construction, are lodged with, and transferred to, the winning bidder. For your reference, the guidelines for procurement and implementation of a design and build infrastructure is provided as Annex “G” under the 2016 revised Implementing Rules and Regulations of Republic Act No. 9184.
On the other hand, a construction infrastructure project does not involve a design and build component, which means that the detailed engineering, surveys, and design are to be developed, performed, and/ or conducted by the Procuring Entity or its duly authorized representative prior the conduct of the bidding. Meanwhile, the winning bidder is expected only to construct the project.
In this regard, Procuring Entities are directed to reflect the correct title of the infrastructure project in all their issuances, orders, and resolutions, to avoid confusion and determine its scope with certainty. Thus, in case of any error in their issuance, order, or resolution, which is caused by mere inadvertence, it is recommended to conduct or perform the necessary appropriate corrective measures to modify or change any misinformation and provide the facts and accurate materials to the public.
Finally, attached herewith is the link to the latest IRR of RA 9184, including the above-cited guidelines, which is posted on our website: https://www.gppb.gov.ph/assets/pdfs/9th%20Ed%202016%20revised%20IRR_3rd%20Quarter%20Updates.pdf
For further assistance, you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Executive Director, Atty. Rowena Candice M. Ruiz, thru e-mail address at foi-dm@gppb.gov.ph. Your review request should explain why you are dissatisfied with this response and should be made within fifteen (15) calendar days from the date when you received this letter. We will complete the review and tell you about the result within thirty (30) calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
FOI Decision Maker, GPPB-TSO
FOI Receiving Officer
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