Public-Private Partnership Center(PPPC)

Hi po, I would like to ask for your office guidelines or policies in the implementation of variation/change order in construction.
If you can provide examples like the reasons of the change order, the change in cost, the change in contract duration etc. please do so. 
Thank you. so much and Godbless.

January 29, 2021

Dear Mark Arvel,

Thank you for your request dated Jan 28, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Guidelines/Policies in the implementation of Variation/Change order in Construction.

We received your request on Jan 28, 2021 and will respond on or before Feb 18, 2021 01:27:39 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 http://efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEVBQUEMtNzU1MjMwNzcxMTMxDA, for request with ticket number #PPPC-755230771131.

Thank you.

Respectfully,

Records Manager
FOI Officer

February 10, 2021

MARK ARVEL EMPERADOR

Dear Mr. Emperador,

Greetings!

Thank you for your request dated January 28, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for the PPP Center’s office guidelines or policies in the implementation of variation/change order in construction. Further, you also asked us to provide examples such as reasons of the change order, the change in cost, or the change in contract duration. 

Response to your request
While our aim is to provide information whenever possible, in this instance we are unable to provide the information you requested. The PPP Center does not have an office guideline or policy in the implementation of variation/change order in the construction of PPP projects. For your guidance, the PPP Center’s mandate is to assist government agencies in implementing the latter’s PPP projects, rather than to implement PPP projects itself.

Also for your guidance, PPP contract variations are governed by the projects’ respective legal frameworks. For projects under Republic Act No. 6957 as amended by Republic Act. No. 7718 or the Build-Operate-and-Transfer law, we direct you to a copy of the law and its implementing rules and regulations (IRR) available at the PPP Center website: https://ppp.gov.ph/wpcontent/uploads/2019/06/BOT_IRR_2012_2017_2.pdf. You may refer to Section 12.11 of the IRR for the provision on contract variations. For projects under the 2013 National Economic and Development Authority (NEDA) Joint Venture Guidelines, we direct you to a copy of the guidelines available at the NEDA website: http://www.neda.gov.ph/wp-content/uploads/2017/09/2013-Revised-JV-Guidelines.pdf. You may refer to Section 7.7 thereof for the provision on contract amendments.

Note also that local government units have the power to enact their own PPP or JV Ordinances. These LGUs’ PPP or JV Ordinances may contain their own provisions on contract variations.

Further, we are unable to provide specific examples for variations/change in orders in construction. Again, while our aim is to provide information whenever possible, in this instance we are unable to do so pursuant to DOJ Opinion No. 26 (2017), which prohibits the PPP Center from publishing or otherwise distributing PPP contracts and/or portions thereof. As any discussion of variations in PPP projects will necessarily include a discussion of the relevant
contract provisions, this falls within the ambit of the mentioned DOJ Opinion.
8th Floor, One Cyberpod Centris, EDSA cor. Quezon Avenue, Brgy. Pinyahan, Quezon City 1100, Philippines
Trunkline: (+632) 8709-4146 · Fax: (+632) 8929-3971
www.ppp.gov.ph

The specific implementing agencies (e.g., Department of Transportation, Department of Public Works and Highways) are in a better position to respond to your queries as owners of PPP projects and the relevant contracts associated with them. You may wish to course your request with the project’s Implementing Agency FOI for a copy of the PPP Contract or the government FOI on-line portal at http://ww.foi.gov.ph.

Your right to request 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 the Office of the Executive Director. Your review request should explain why you are dissatisfied with this response, and should be made within 15 working days from the date you received this letter. We will complete the review and tell you the result within 30 working days from the date we receive your review request.

If you are not satisfied with result of the review, you then have the right to appeal to the Office of the Secretary of the National Economic and Development Authority and thereafter, to the Office of the President pursuant to Administrative Order No. 22 (s. 2011).

Thank you.


Respectfully,
ELEAZAR E. RICOTE
FOI Decision Maker