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
[email protected]. 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
